49–006 

113TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 113–685 

ILLEGAL, UNREPORTED, AND UNREGULATED FISHING 

ENFORCEMENT ACT OF 2014 

DECEMBER 22, 2014.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 69] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 69) to strengthen enforcement mechanisms to stop illegal, 

unreported, and unregulated fishing, to amend the Tuna Conventions Act of 1950 to implement the Antigua Convention, and for 

other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended 

do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2014’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS 

Sec. 101. Amendments to the High Seas Driftnet Fishing Moratorium Protection Act. 

Sec. 102. Amendments to the High Seas Driftnet Fisheries Enforcement Act. 

Sec. 103. Amendments to North Pacific Anadromous Stocks Act of 1992. 

Sec. 104. Amendments to the Pacific Salmon Treaty Act of 1985. 

Sec. 105. Amendments to the Western and Central Pacific Fisheries Convention Implementation Act. 

Sec. 106. Amendments to the South Pacific Tuna Act of 1988. 

Sec. 107. Amendments to the Antarctic Marine Living Resources Convention Act. 

Sec. 108. Amendments to the Atlantic Tunas Convention Act. 

Sec. 109. Amendments to the High Seas Fishing Compliance Act of 1965. 

Sec. 110. Amendments to the Dolphin Protection Consumer Information Act. 

Sec. 111. Amendments to the Northern Pacific Halibut Act of 1982. 

Sec. 112. Amendments to the Northwest Atlantic Fisheries Convention Act of 1995. 

Sec. 113. Amendment to the Magnuson-Stevens Fishery Conservation and Management Act. 

TITLE II—IMPLEMENTATION OF THE ANTIGUA CONVENTION 

Sec. 201. Short title. 

Sec. 202. Amendment of the Tuna Conventions Act of 1950. 


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Sec. 203. Definitions. 

Sec. 204. Commissioners; number, appointment, and qualifications. 

Sec. 205. General Advisory Committee and Scientific Advisory Subcommittee. 

Sec. 206. Rulemaking. 

Sec. 207. Prohibited acts. 

Sec. 208. Enforcement. 

Sec. 209. Reduction of bycatch. 

Sec. 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984. 

TITLE III—AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE 

ILLEGAL, UNREPORTED AND UNREGULATED FISHING 

Sec. 301. Short title. 

Sec. 302. Purpose. 

Sec. 303. Definitions. 

Sec. 304. Duties and authorities of the secretary. 

Sec. 305. Authorization or denial of port entry. 

Sec. 306. Inspections. 

Sec. 307. Prohibited acts. 

Sec. 308. Enforcement. 

Sec. 309. International cooperation and assistance. 

Sec. 310. Relationship to other laws. 

TITLE I—STRENGTHENING FISHERIES 

ENFORCEMENT MECHANISMS 

SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION 

ACT. 

(a) ADMINISTRATION AND ENFORCEMENT.—Section 606 of the High Seas Driftnet 

Fishing Moratorium Protection Act (16 U.S.C. 1826g) is amended by inserting before 

the first sentence the following: 

‘‘(a) IN GENERAL.—The Secretary and the Secretary of the department in which 

the Coast Guard is operating shall enforce this Act, and the Acts to which this section applies, in accordance with this section. Each such Secretary may, by agreement, on a reimbursable basis or otherwise, utilize the personnel services, equipment (including aircraft and vessels), and facilities of any other Federal agency, and 

of any State agency, in the performance of such duties. 

‘‘(b) ACTS TO WHICH SECTION APPLIES.—This section applies to— 

‘‘(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 et seq.); 

‘‘(2) the Dolphin Protection Consumer Information Act (16 U.S.C. 1385); 

‘‘(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.); 

‘‘(4) the North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5001 et seq.); 

‘‘(5) the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.); 

‘‘(6) the Antarctic Marine Living Resources Convention Act of 1984 (16 U.S.C. 

2431 et seq.); 

‘‘(7) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.); 

‘‘(8) the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 

et seq.); 

‘‘(9) the Western and Central Pacific Fisheries Convention Implementation 

Act (16 U.S.C. 6901 et seq.); and 

‘‘(10) the North Pacific Halibut Act of 1982 (16 U.S.C. 773a et seq.). 

‘‘(c) ADMINISTRATION AND ENFORCEMENT.— 

‘‘(1) IN GENERAL.—The Secretary shall prevent any person from violating this 

Act, or any Act to which this section applies, in the same manner, by the same 

means, and with the same jurisdiction, powers, and duties as though sections 

308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 1861) were incorporated into and made a 

part of and applicable to this Act and each such Act. 

‘‘(2) INTERNATIONAL COOPERATION.—The Secretary may, subject to appropriations and in the course of carrying out the Secretary’s responsibilities under the 

Acts to which this section applies, engage in international cooperation to help 

other nations combat illegal, unreported, and unregulated fishing and achieve 

sustainable fisheries. 

‘‘(d) SPECIAL RULES.— 

‘‘(1) ADDITIONAL ENFORCEMENT AUTHORITY.—In addition to the powers of officers authorized pursuant to subsection (c), any officer who is authorized by the 

Secretary, or the head of any Federal or State agency that has entered into an 

agreement with the Secretary under subsection (a), may enforce the provisions 

of any Act to which this section applies, with the same jurisdiction, powers, and 

duties as though section 311 of the Magnuson-Stevens Fishery Conservation 

and Management Act (16 U.S.C. 1861) were incorporated into and made a part 

of each such Act. 


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‘‘(2) DISCLOSURE OF ENFORCEMENT INFORMATION.—The Secretary, subject to 

the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a), may disclose, as necessary and appropriate, information, including information collected under joint 

authority of the Magnuson-Stevens Fishery Conservation and Management Act 

(16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 1975 (16 

U.S.C. 71 et seq.) or the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.) or other statutes implementing international fishery agreements, to any other Federal or State government agency, 

the Food and Agriculture Organization of the United Nations, the secretariat 

or equivalent of an international fishery management organization or arrangement made pursuant to an international fishery agreement, or a foreign government, if— 

‘‘(A) such government, organization, or arrangement has policies and procedures to protect such information from unintended or unauthorized disclosure; and 

‘‘(B) such disclosure is necessary— 

‘‘(i) to ensure compliance with any law or regulation enforced or administered by the Secretary; 

‘‘(ii) to administer or enforce any international fishery agreement to 

which the United States is a party; 

‘‘(iii) to administer or enforce a binding conservation measure adopted by any international organization or arrangement to which the 

United States is a party; 

‘‘(iv) to assist in any investigative, judicial, or administrative enforcement proceeding in the United States; or 

‘‘(v) to assist in any law enforcement action undertaken by a law enforcement agency of a foreign government, or in relation to a legal proceeding undertaken by a foreign government to the extent the enforcement action is consistent with rules and regulations of a regional fishery management organization that the United States is a member of, 

or the Secretary has determined that the enforcement action is consistent with the requirements under Federal law for enforcement actions with respect to illegal, unreported, and unregulated fishing. 

‘‘(e) PROHIBITED ACTS.—It is unlawful for any person— 

‘‘(1) to violate any provision of this Act or any regulation or permit issued pursuant to this Act; 

‘‘(2) to refuse to permit any officer authorized to enforce the provisions of this 

Act to board, search, or inspect a vessel, subject to such person’s control for the 

purposes of conducting any search, investigation, or inspection in connection 

with the enforcement of this Act, any regulation promulgated under this Act, 

or any Act to which this section applies; 

‘‘(3) to forcibly assault, resist, oppose, impede, intimidate, or interfere with 

any such authorized officer in the conduct of any search, investigation, or inspection described in paragraph (2); 

‘‘(4) to resist a lawful arrest for any act prohibited by this section or any Act 

to which this section applies; 

‘‘(5) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of an other person, knowing that such person has committed 

any act prohibited by this section or any Act to which this section applies; or 

‘‘(6) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, 

bribe, or interfere with— 

‘‘(A) any observer on a vessel under this Act or any Act to which this section applies; or 

‘‘(B) any data collector employed by the National Marine Fisheries Service or under contract to any person to carry out responsibilities under this 

Act or any Act to which this section applies. 

‘‘(f) CIVIL PENALTY.—Any person who commits any act that is unlawful under subsection (e) shall be liable to the United States for a civil penalty, and may be subject 

to a permit sanction, under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858). 

‘‘(g) CRIMINAL PENALTY.—Any person who commits an act that is unlawful under 

subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is deemed to be guilty of an offense 

punishable under section 309(b) of the Magnuson-Stevens Fishery Conservation and 

Management Act (16 U.S.C. 1859(b)). 

‘‘(h) UTILIZATION OF FEDERAL AGENCY ASSETS.—’’. 

(b) ACTIONS TO IMPROVE THE EFFECTIVENESS OF INTERNATIONAL FISHERY MANAGEMENT ORGANIZATIONS.—Section 608 of such Act (16 U.S.C. 1826i) is amended 

by— 


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(1) inserting before the first sentence the following: ‘‘(a) IN GENERAL.—’’; 

(2) in subsection (a) (as designated by paragraph (1) of this subsection) in the 

first sentence, inserting ‘‘, or arrangements made pursuant to an international 

fishery agreement,’’ after ‘‘organizations’’; and 

(3) adding at the end the following new subsections: 

‘‘(b) DISCLOSURE OF INFORMATION.—The Secretary, subject to the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and 

Management Act (16 U.S.C. 1881a), may disclose, as necessary and appropriate, information, including information collected under joint authority of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and the 

Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.), the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), any 

other statute implementing an international fishery agreement, to any other Federal 

or State government agency, the Food and Agriculture Organization of the United 

Nations, or the secretariat or equivalent of an international fishery management organization or arrangement made pursuant to an international fishery agreement, if 

such government, organization, or arrangement, respectively, has policies and procedures to protect such information from unintended or unauthorized disclosure. 

‘‘(c) IUU VESSEL LISTS.—The Secretary may— 

‘‘(1) develop, maintain, and make public a list of vessels and vessel owners 

engaged in illegal, unreported, or unregulated fishing or fishing-related activities in support of illegal, unreported, or unregulated fishing, including vessels 

or vessel owners identified by an international fishery management organization or arrangement made pursuant to an international fishery agreement, 

that— 

‘‘(A) the United States is party to; or 

‘‘(B) the United States is not party to, but whose procedures and criteria 

in developing and maintaining a list of such vessels and vessel owners are 

substantially similar to such procedures and criteria adopted pursuant to 

an international fishery agreement to which the United States is a party; 

and 

‘‘(2) take appropriate action against listed vessels and vessel owners, including action against fish, fish parts, or fish products from such vessels, in accordance with applicable United States law and consistent with applicable international law, including principles, rights, and obligations established in applicable international fishery management agreements and trade agreements. 

‘‘(d) REGULATIONS.—The Secretary may promulgate regulations to implement this 

section.’’. 

(c) NOTIFICATION REGARDING IDENTIFICATION OF NATIONS.—Section 609(b) of such 

Act (166 U.S.C. 1826j(b)) is amended to read as follows: 

‘‘(b) NOTIFICATION.—The Secretary shall notify the President and that nation of 

such an identification.’’. 

(d) NATIONS IDENTIFIED UNDER SECTION 610.—Section 610(b)(1) of such Act (16 

U.S.C. 1826k(b)(1)) is amended to read as follows: 

‘‘(1) notify, as soon as possible, the President and nations that have been identified under subsection (a), and also notify other nations whose vessels engage 

in fishing activities or practices described in subsection (a), about the provisions 

of this section and this Act;’’. 

(e) EFFECT OF CERTIFICATION UNDER SECTION 609.—Section 609(d)(3)(A)(i) of such 

Act (16 U.S.C. 1826j(d)(3)(A)(i)) is amended by striking ‘‘that has not been certified 

by the Secretary under this subsection, or’’. 

(f) EFFECT OF CERTIFICATION UNDER SECTION 610.—Section 610(c)(5) of such Act 

(16 U.S.C. 1826k(c)(5)) is amended by striking ‘‘that has not been certified by the 

Secretary under this subsection, or’’. 

(g) IDENTIFICATION OF NATIONS.— 

(1) SCOPE OF IDENTIFICATION FOR ACTIONS OF FISHING VESSELS.—Section 

609(a) of such Act (16 U.S.C. 1826j(a)) is amended— 

(A) in the matter preceding paragraph (1)— 

(i) by inserting ‘‘, based on a cumulative compilation and analysis of 

data collected and provided by international fishery management organizations and other nations and organizations,’’ after ‘‘shall’’; and 

(ii) by striking ‘‘2 years’’ and inserting ‘‘3 years’’; 

(B) in paragraph (1), by inserting ‘‘that undermines the effectiveness of 

measures required by an international fishery management organization, 

taking into account whether’’ after ‘‘(1)’’; and 

(C) in paragraph (1), by striking ‘‘vessels of’’. 

(2) ADDITIONAL GROUNDS FOR IDENTIFICATION.—Section 609(a) of such Act (16 

U.S.C. 1826j(a)) is further amended— 


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(A) by redesignating paragraphs (1) and (2) in order as subparagraphs (A) 

and (B) (and by moving the margins of such subparagraphs 2 ems to the 

right); 

(B) by inserting before the first sentence the following: 

‘‘(1) IDENTIFICATION FOR ACTIONS OF FISHING VESSELS.—’’; and 

(C) by adding at the end the following: 

‘‘(2) IDENTIFICATION FOR ACTIONS OF NATION.—Taking into account the factors 

described under section 609(a)(1), the Secretary shall also identify, and list in 

such report, a nation— 

‘‘(A) if it is violating, or has violated at any point during the preceding 

three years, conservation and management measures required under an 

international fishery management agreement to which the United States is 

a party and the violations undermine the effectiveness of such measures; 

or 

‘‘(B) if it is failing, or has failed in the preceding 3-year period, to effectively address or regulate illegal, unreported, or unregulated fishing in 

areas described under paragraph (1)(B). 

‘‘(3) APPLICATION TO OTHER ENTITIES.—Where the provisions of this Act are 

applicable to nations, they shall also be applicable, as appropriate, to other entities that have competency to enter into international fishery management 

agreements.’’. 

(3) PERIOD OF FISHING PRACTICES SUPPORTING IDENTIFICATION.—Section 

610(a)(1) of such Act (16 U.S.C. 1826k(a)(1)) is amended by striking ‘‘calendar 

year’’ and inserting ‘‘three years’’. 

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

to the Secretary of Commerce $450,000 for each of fiscal years 2015 through 2019 

to implement the amendments made by subsections (b) and (g). 

(i) TECHNICAL CORRECTIONS.— 

(1) Section 607(2) of such Act (16 U.S.C. 1826h(2)) is amended by striking 

‘‘whose vessels’’ and inserting ‘‘that’’. 

(2) Section 609(d)(1) of such Act (16 U.S.C. 1826j(d)(1)) is amended by striking 

‘‘of its fishing vessels’’. 

(3) Section 609(d)(1)(A) of such Act (16 U.S.C. 1826j(d)(1)(A)) is amended by 

striking ‘‘of its fishing vessels’’. 

(4) Section 609(d)(2) of such Act (16 U.S.C. 1826j(d)(2)) is amended— 

(A) by striking ‘‘for certification’’ and inserting ‘‘to authorize’’; 

(B) by inserting ‘‘the importation’’ after ‘‘or other basis’’; 

(C) by striking ‘‘harvesting’’; and 

(D) by striking ‘‘not certified under paragraph (1)’’ and inserting ‘‘issued 

a negative certification under paragraph (1)’’. 

(5) Section 610 of such Act (16 U.S.C. 1826k) is amended as follows: 

(A) In subsection (a)(1), by striking ‘‘practices;’’ and inserting ‘‘practices— 

’’. 

(B) In subsection (c)(4), by striking all preceding subparagraph (B) and 

inserting the following: 

‘‘(4) ALTERNATIVE PROCEDURE.—The Secretary may establish a procedure to 

authorize, on a shipment-by-shipment, shipper-by-shipper, or other basis the 

importation of fish or fish products from a vessel of a nation issued a negative 

certification under paragraph (1) if the Secretary determines that such imports 

were harvested by practices that do not result in bycatch of a protected marine 

species, or were harvested by practices that— 

‘‘(A) are comparable to those of the United States, taking into account different conditions; and’’. 

SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT. 

(a) NEGATIVE CERTIFICATION EFFECTS.—Section 101 of the High Seas Driftnet 

Fisheries Enforcement Act (16 U.S.C. 1826a) is amended— 

(1) in subsection (a)(2), by striking ‘‘recognized principles of’’ after ‘‘in accordance with’’; 

(2) in subsection (a)(2)(A), by inserting ‘‘or, as appropriate, for fishing vessels 

of a nation that receives a negative certification under section 609(d) or section 

610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 

1826)’’ after ‘‘(1)’’; 

(3) in subsection (a)(2)(B), by inserting before the period the following: ‘‘, except for the purposes of inspecting such vessel, conducting an investigation, or 

taking other appropriate enforcement action’’; 

(4) in subsection (b)(1)(A)(i), by striking ‘‘or illegal, unreported, or unregulated 

fishing’’ after ‘‘driftnet fishing’’; 


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(5) in subsection (b)(1)(B) and subsection (b)(2), by striking ‘‘or illegal, unreported, or unregulated fishing’’ after ‘‘driftnet fishing’’ each place it appears; 

(6) in subsection (b)(3)(A)(i), by inserting ‘‘or a negative certification under 

section 609(d) or section 610(c) of the High Seas Driftnet Fishing Moratorium 

Protection Act (16 U.S.C. 1826j(d), 1826k(c))’’ after ‘‘(1)(A)’’; 

(7) in subsection (b)(4)(A), by inserting ‘‘or issues a negative certification 

under section 609(d) or section 610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d), 1826k(c))’’ after ‘‘paragraph (1)’’; 

(8) in subsection (b)(4)(A)(i), by striking ‘‘or illegal, unreported, or unregulated 

fishing’’ after ‘‘driftnet fishing’’; and 

(9) in subsection (b)(4)(A)(i), by inserting ‘‘, or to address the offending activities for which a nation received a negative certification under section 609(d) or 

610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 

1826j(d), 1826k(c))’’ after ‘‘beyond the exclusive economic zone of any nation’’. 

(b) DURATION OF NEGATIVE CERTIFICATION EFFECTS.—Section 102 of such Act (16 

U.S.C. 1826b) is amended by— 

(1) striking ‘‘or illegal, unreported, or unregulated fishing’’; and 

(2) inserting ‘‘or effectively addressed the offending activities for which the 

nation received a negative certification under 609(d) or 610(c) of the High Seas 

Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d), 1826k(c))’’ before the period at the end. 

SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992. 

(a) UNLAWFUL ACTIVITIES.—Section 810 of the North Pacific Anadromous Stocks 

Act of 1992 (16 U.S.C. 5009) is amended— 

(1) in paragraph (5), by inserting ‘‘, investigation,’’ after ‘‘search’’; and 

(2) in paragraph (6), by inserting ‘‘, investigation,’’ after ‘‘search’’. 

(b) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—Section 811 of the Northern 

Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5010) is amended to read as follows: 

‘‘SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT. 

‘‘For additional prohibitions relating to this Act and enforcement of this Act, see 

section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 

1826g).’’. 

SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY ACT OF 1985. 

Section 8 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637) is amended— 

(1) in subsection (a)(2)— 

(A) by inserting ‘‘, investigation,’’ after ‘‘search’’; and 

(B) by striking ‘‘this title;’’ and inserting ‘‘this Act;’’; 

(2) in subsection (a)(3)— 

(A) by inserting ‘‘, investigation,’’ after ‘‘search’’; and 

(B) by striking ‘‘subparagraph (2);’’ and inserting ‘‘paragraph (2);’’; 

(3) in subsection (a)(5), by striking ‘‘this title; or’’ and inserting ‘‘this Act;’’; 

and 

(4) by striking subsections (b) through (f) and inserting the following: 

‘‘(b) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For additional prohibitions 

relating to this Act and enforcement of this Act, see section 606 of the High Seas 

Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).’’. 

SEC. 105. AMENDMENTS TO THE WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION 

IMPLEMENTATION ACT. 

The Western and Central Pacific Fisheries Convention Implementation Act (title 

V of Public Law 109–479) is amended— 

(1) by amending section 506(c) (16 U.S.C. 6905(c)) to read as follows: 

‘‘(c) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For additional prohibitions 

relating to this Act and enforcement of this Act, see section 606 of the High Seas 

Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).’’; and 

(2) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) by striking ‘‘suspension, on’’ and 

inserting ‘‘suspension, of’’. 

SEC. 106. AMENDMENTS TO THE SOUTH PACIFIC TUNA ACT OF 1988. 

The South Pacific Tuna Act of 1988 is amended— 

(1) in section 5(a) (16 U.S.C. 973c(a))— 

(A) in paragraph (8), by inserting ‘‘, investigation,’’ after ‘‘search’’; and 

(B) in paragraph (10), by inserting ‘‘, investigation,’’ after ‘‘search’’; and 

(2) by striking sections 7 and 8 (16 U.S.C. 973e and 973f) and inserting the 

following: 


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‘‘SEC. 7. ADDITIONAL PROHIBITIONS AND ENFORCEMENT. 

‘‘For additional prohibitions relating to this Act and enforcement of this Act, see 

section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 

1826g).’’. 

SEC. 107. AMENDMENTS TO THE ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT. 

The Antarctic Marine Living Resources Convention Act of 1984 is amended— 

(1) in section 306 (16 U.S.C. 2435)— 

(A) in paragraph (3), by striking ‘‘which he knows, or reasonably should 

have known, was’’; 

(B) in paragraph (4), by inserting ‘‘, investigation,’’ after ‘‘search’’; and 

(C) in paragraph (5), by inserting ‘‘, investigation,’’ after ‘‘search’’; 

(2) in section 307 (16 U.S.C. 2436)— 

(A) by inserting ‘‘(a) IN GENERAL.—’’ before the first sentence; and 

(B) by adding at the end the following: 

‘‘(b) REGULATIONS TO IMPLEMENT CONSERVATION MEASURES.— 

‘‘(1) IN GENERAL.—Notwithstanding subsections (b), (c), and (d) of section 553 

of title 5, United States Code, the Secretary of Commerce may publish in the 

Federal Register a final regulation to implement any conservation measure for 

which the Secretary of State notifies the Commission under section 305(a)(1)— 

‘‘(A) that has been in effect for 12 months or less; 

‘‘(B) that is adopted by the Commission; and 

‘‘(C) with respect to which the Secretary of State does not notify Commission in accordance with section 305(a)(1) within the time period allotted for 

objections under Article IX of the Convention. 

‘‘(2) ENTERING INTO FORCE.—Upon publication of such regulation in the Federal Register, such conservation measure shall enter into force with respect to 

the United States.’’; and 

(3) by striking sections 308 and 309 (16 U.S.C. 2437 and 2438) and inserting 

the following: 

‘‘SEC. 308. ADDITIONAL PROHIBITIONS AND ENFORCEMENT. 

‘‘For additional prohibitions relating to this Act and enforcement of this Act, see 

section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 

1826g).’’. 

SEC. 108. AMENDMENTS TO THE ATLANTIC TUNAS CONVENTION ACT. 

The Atlantic Tunas Convention Act of 1975 is amended— 

(1) in section 6(c)(2) (16 U.S.C. 971d(c)(2)(2))— 

(A) by striking ‘‘(A)’’ and inserting ‘‘(i)’’; 

(B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; 

(C) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

(D) by adding at the end the following: 

‘‘(B) Notwithstanding the requirements of subparagraph (A) and subsections (b) 

and (c) of section 553 of title 5, United States Code, the Secretary may issue final 

regulations to implement Commission recommendations referred to in paragraph (1) 

concerning trade restrictive measures against nations or fishing entities.’’; 

(2) in section 7 (16 U.S.C. 971e) by striking subsections (e) and (f) and redesignating subsection (g) as subsection (e); 

(3) in section 8 (16 U.S.C. 971f)— 

(A) by striking subsections (a) and (c); and 

(B) by inserting before subsection (b) the following: 

‘‘(a) For additional prohibitions relating to this Act and enforcement of this Act, 

see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 

U.S.C. 1826g).’’; 

(4) in section 8(b) by striking ‘‘the enforcement activities specified in section 

8(a) of this Act’’ each place it appears and inserting ‘‘enforcement activities with 

respect to this Act that are otherwise authorized by law’’; and 

(5) by striking section 11 (16 U.S.C. 971j) and redesignating sections 12 and 

13 as sections 11 and 12, respectively. 

SEC. 109. AMENDMENTS TO THE HIGH SEAS FISHING COMPLIANCE ACT OF 1965. 

Section 104(f) of the High Seas Fishing Compliance Act of 1995 (16 U.S.C. 5503(f)) 

is amended to read as follows: 

‘‘(f) VALIDITY.—A permit issued under this section for a vessel is void if— 

‘‘(1) any other permit or authorization required for the vessel to fish is expired, revoked, or suspended; or 

‘‘(2) the vessel is no longer documented under the laws of the United States 

or eligible for such documentation.’’. 


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SEC. 110. AMENDMENTS TO THE DOLPHIN PROTECTION CONSUMER INFORMATION ACT. 

The Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is amended 

by amending subsection (e) to read as follows: 

‘‘(e) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For additional prohibitions 

relating to this Act and enforcement of this Act, see section 606 of the High Seas 

Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).’’. 

SEC. 111. AMENDMENTS TO THE NORTHERN PACIFIC HALIBUT ACT OF 1982. 

Section 7 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773e) is amended— 

(1) in paragraph (a) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F); 

(2) by redesignating subsections (a) and (b) as paragraphs (1) and (2), respectively; 

(3) in paragraph (1)(B), as so redesignated, by inserting ‘‘, investigation,’’ before ‘‘or inspection’’; 

(4) in paragraph (1)(C), as so redesignated, by inserting ‘‘, investigation,’’ before ‘‘or inspection’’; 

(5) in paragraph (1)(E), as so redesignated, by striking ‘‘or’’ after the semicolon; and 

(6) in paragraph (1)(F), as so redesignated, by striking ‘‘section.’’ and inserting 

‘‘section; or’’. 

SEC. 112. AMENDMENTS TO THE NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 

1995. 

Section 207 of the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 

5606) is amended— 

(1) in the section heading, by striking ‘‘AND PENALTIES’’ and inserting ‘‘AND

ENFORCEMENT’’; 

(2) in subsection (a)(2), by inserting ‘‘, investigation,’’ before ‘‘or inspection’’; 

(3) in subsection (a)(3), by inserting ‘‘, investigation,’’ before ‘‘or inspection’’; 

and 

(4) by striking subsections (b) through (f) and inserting the following: 

‘‘(b) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For additional prohibitions 

relating to this Act and enforcement of this Act, see section 606 of the High Seas 

Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).’’. 

SEC. 113. AMENDMENT TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT. 

Section 307(1)(Q) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(Q)) is amended by inserting before the semicolon the 

following: ‘‘or any treaty or in contravention of any binding conservation measure 

adopted by an international agreement or organization to which the United States 

is a party’’. 

TITLE II—IMPLEMENTATION OF THE ANTIGUA 

CONVENTION 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Antigua Convention Implementing Act of 2011’’. 

SEC. 202. AMENDMENT OF THE TUNA CONVENTIONS ACT OF 1950. 

Except as otherwise expressly provided, whenever in this title an amendment or 

repeal is expressed in terms of an amendment to, or repeal of, a section or other 

provision, the reference shall be considered to be made to a section or other provision of the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.). 

SEC. 203. DEFINITIONS. 

Section 2 (16 U.S.C. 951) is amended to read as follows: 

‘‘SEC. 2. DEFINITIONS. 

‘‘In this Act: 

‘‘(1) ANTIGUA CONVENTION.—The term ‘Antigua Convention’ means the Convention for the Strengthening of the Inter-American Tropical Tuna Commission 

Established by the 1949 Convention Between the United States of America and 

the Republic of Costa Rica, signed at Washington, November 14, 2003. 

‘‘(2) COMMISSION.—The term ‘Commission’ means the Inter-American Tropical 

Tuna Commission provided for by the Convention. 

‘‘(3) CONVENTION.—The term ‘Convention’ means— 


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‘‘(A) the Convention for the Establishment of an Inter-American Tropical 

Tuna Commission, signed at Washington, May 31, 1949, by the United 

States of America and the Republic of Costa Rica; 

‘‘(B) the Antigua Convention, upon its entry into force for the United 

States, and any amendments thereto that are in force for the United States; 

or ‘‘(C) both such Conventions, as the context requires. 

‘‘(4) PERSON.—The term ‘person’ means an individual, partnership, corporation, or association subject to the jurisdiction of the United States. 

‘‘(5) UNITED STATES.—The term ‘United States’ includes all areas under the 

sovereignty of the United States. 

‘‘(6) UNITED STATES COMMISSIONERS.—The term ‘United States commissioners’ 

means the individuals appointed in accordance with section 3(a).’’. 

SEC. 204. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATIONS. 

Section 3 (16 U.S.C. 952) is amended to read as follows: 

‘‘SEC. 3. COMMISSIONERS. 

‘‘(a) COMMISSIONERS.—The United States shall be represented on the Commission 

by 4 United States Commissioners. The President shall appoint individuals to serve 

on the Commission at the pleasure of the President. In making the appointments, 

the President shall select United States Commissioners from among individuals who 

are knowledgeable or experienced concerning highly migratory fish stocks in the 

eastern tropical Pacific Ocean, one of whom shall be an officer or employee of the 

Department of Commerce. Not more than 2 United States Commissioners may be 

appointed who reside in a State other than a State whose vessels maintain a substantial fishery in the area of the Convention. 

‘‘(b) ALTERNATE COMMISSIONERS.—The Secretary of State, in consultation with the 

Secretary, may designate from time to time and for periods of time deemed appropriate Alternate United States Commissioners to the Commission. Any Alternate 

United States Commissioner may exercise, at any meeting of the Commission or of 

the General Advisory Committee or Scientific Advisory Subcommittee established 

pursuant to section 4(b), all powers and duties of a United States Commissioner in 

the absence of any United States Commissioner appointed pursuant to subsection 

(a) of this section for whatever reason. The number of such Alternate United States 

Commissioners that may be designated for any such meeting shall be limited to the 

number of United States Commissioners appointed pursuant to subsection (a) of this 

section who will not be present at such meeting. 

‘‘(c) ADMINISTRATIVE MATTERS.— 

‘‘(1) EMPLOYMENT STATUS.—Individuals serving as United States Commissioners, other than officers or employees of the United States Government, shall 

not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United 

States Code, and chapter 171 of title 28, United States Code. 

‘‘(2) COMPENSATION.—The United States Commissioners or Alternate Commissioners, although officers of the United States while so serving, shall receive no 

compensation for their services as United States Commissioners or Alternate 

Commissioners. 

‘‘(3) TRAVEL EXPENSES.— 

‘‘(A) The Secretary of State shall pay the necessary travel expenses of 

United States Commissioners and Alternate United States Commissioners 

to meetings of the Inter-American Tropical Tuna Commission and other 

meetings the Secretary of State deems necessary to fulfill their duties, in 

accordance with the Federal Travel Regulations and sections 5701, 5702, 

5704 through 5708, and 5731 of title 5, United States Code. 

‘‘(B) The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this subsection.’’. 

SEC. 205. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY SUBCOMMITTEE. 

Section 4 (16 U.S.C. 953) is amended— 

(1) by striking subsection (a) and inserting the following: 

‘‘(a) GENERAL ADVISORY COMMITTEE.— 

‘‘(1) APPOINTMENTS; PUBLIC PARTICIPATION; COMPENSATION.— 

‘‘(A) The Secretary, in consultation with the Secretary of State, shall appoint a General Advisory Committee which shall consist of not more than 

25 individuals who shall be representative of the various groups concerned 

with the fisheries covered by the Convention, including nongovernmental 

conservation organizations, providing to the maximum extent practicable an 

equitable balance among such groups. Members of the General Advisory 

Committee will be eligible to participate as members of the United States 


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delegation to the Commission and its working groups to the extent the 

Commission rules and space for delegations allow. 

‘‘(B) The chair of the Pacific Fishery Management Council’s Advisory 

Subpanel for Highly Migratory Fisheries and the chair of the Western Pacific Fishery Management Council’s Advisory Committee shall be ex-officio 

members of the General Advisory Committee by virtue of their positions in 

those Councils. 

‘‘(C) Each member of the General Advisory Committee appointed under 

subparagraph (A) shall serve for a term of 3 years and is eligible for reappointment. 

‘‘(D) The General Advisory Committee shall be invited to attend all nonexecutive meetings of the United States delegation and at such meetings 

shall be given opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the 

Commission. 

‘‘(E) The General Advisory Committee shall determine its organization, 

and prescribe its practices and procedures for carrying out its functions 

under this title, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and the Convention. The General Advisory Committee shall publish and make available to the public a statement 

of its organization, practices and procedures. Meetings of the General Advisory Committee, except when in executive session, shall be open to the public, and prior notice of meetings shall be made public in timely fashion. The 

General Advisory Committee shall not be subject to the Federal Advisory 

Committee Act (5 U.S.C. App.). 

‘‘(2) INFORMATION SHARING.—The Secretary and the Secretary of State shall 

furnish the General Advisory Committee with relevant information concerning 

fisheries and international fishery agreements. 

‘‘(3) ADMINISTRATIVE MATTERS.— ‘‘(A) The Secretary shall provide to the General Advisory Committee in 

a timely manner such administrative and technical support services as are 

necessary for its effective functioning. 

‘‘(B) Individuals appointed to serve as a member of the General Advisory 

Committee— 

‘‘(i) shall serve without pay, but while away from their homes or regular places of business to attend meetings of the General Advisory 

Committee shall be allowed travel expenses, including per diem in lieu 

of subsistence, in the same manner as persons employed intermittently 

in the Government service are allowed expenses under section 5703 of 

title 5, United States Code; and 

‘‘(ii) shall not be considered Federal employees except for the purposes of injury compensation or tort claims liability as provided in 

chapter 81 of title 5, United States Code, and chapter 171 of title 28, 

United States Code.’’; 

(2) by striking so much of subsection (b) as precedes paragraph (2) and inserting the following: 

‘‘(b) SCIENTIFIC ADVISORY SUBCOMMITTEE.—(1) The Secretary, in consultation with 

the Secretary of State, shall appoint a Scientific Advisory Subcommittee of not less 

than 5 nor more than 15 qualified scientists with balanced representation from the 

public and private sectors, including nongovernmental conservation organizations.’’; 

and 

(3) in subsection (b)(3), by striking ‘‘General Advisory Subcommittee’’ and inserting ‘‘General Advisory Committee’’. 

SEC. 206. RULEMAKING. 

Section 6 (16 U.S.C. 955) is amended to read as follows: 

‘‘SEC. 6. RULEMAKING. 

‘‘(a) REGULATIONS.—The Secretary, in consultation with the Secretary of State 

and, with respect to enforcement measures, the Secretary of the Department in 

which the Coast Guard is operating, may promulgate such regulations as may be 

necessary to carry out the United States international obligations under the Convention and this Act, including recommendations and decisions adopted by the Commission. In cases where the Secretary has discretion in the implementation of one 

or more measures adopted by the Commission that would govern fisheries under the 

authority of a Regional Fishery Management Council, the Secretary may, to the extent practicable within the implementation schedule of the Convention and any recommendations and decisions adopted by the Commission, promulgate such regulations as may be necessary to carry out the United States international obligations 

under the Convention and this Act, in accordance with the procedures established 


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by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 

1801 et seq.). 

‘‘(b) JURISDICTION.—The Secretary may promulgate regulations as may be necessary to carry out the United States international obligations under the Convention 

and this Act, applicable to all vessels and persons subject to the jurisdiction of the 

United States, including United States flag vessels wherever they may be operating, 

on such date as the Secretary shall prescribe.’’. 

SEC. 207. PROHIBITED ACTS. 

Section 8 (16 U.S.C. 957) is amended— 

(1) by striking ‘‘section 6(c) of this Act’’ each place it appears and inserting 

‘‘section 6’’; and 

(2) by adding at the end the following: 

‘‘(i) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For prohibitions relating to 

this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).’’. 

SEC. 208. ENFORCEMENT. 

Section 10 (16 U.S.C. 959) is amended to read as follows: 

‘‘SEC. 10. ENFORCEMENT. 

‘‘For enforcement of this Act, see section 606 of the High Seas Driftnet Fishing 

Moratorium Protection Act (16 U.S.C. 1826g).’’. 

SEC. 209. REDUCTION OF BYCATCH. 

Section 15 (16 U.S.C. 962) is amended by striking ‘‘vessel’’ and inserting ‘‘vessels’’. 

SEC. 210. REPEAL OF EASTERN PACIFIC TUNA LICENSING ACT OF 1984. 

The Eastern Pacific Tuna Licensing Act of 1984 (16 U.S.C. 972 et seq.) is repealed. 

TITLE III—AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE 

ILLEGAL, UNREPORTED AND UNREGULATED 

FISHING 

SEC. 301. SHORT TITLE. 

This title may be cited as the ‘‘Port State Measures Agreement Act of 2014’’. 

SEC. 302. PURPOSE. 

The purpose of this title is to implement the Agreement on Port State Measures 

to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing. 

SEC. 303. DEFINITIONS. 

As used in this title: 

(1) The term ‘‘Agreement’’ means the Agreement on Port State Measures to 

Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, 

done at the Food and Agriculture Organization of the United Nations, in Rome, 

Italy, November 22, 2009, and signed by the United States November 22, 2009. 

(2) The term ‘‘IUU fishing’’ means any activity set out in paragraph 3 of the 

2001 FAO International Plan of Action to Prevent, Deter and Eliminate Illegal, 

Unreported and Unregulated Fishing. 

(3) The term ‘‘listed IUU vessel’’ means a vessel that is included in a list of 

vessels having engaged in IUU fishing or fishing-related activities in support 

of IUU fishing that has been adopted by a regional fisheries management organization of which the United States is a member, or a list adopted by a regional 

fisheries management organization of which the United States is not a member 

if the Secretary determines the criteria used by that organization to create the 

IUU list is comparable to United States criteria for identifying IUU vessels and 

activities. 

(4) The term ‘‘Magnuson-Stevens Act’’ means the Magnuson-Stevens Fishery 

Conservation and Management Act (16 U.S.C. 1801 et seq.). 

(5) The term ‘‘person’’ has the same meaning as that term has in section 3 

of the Magnuson-Stevens Act (16 U.S.C. 1802). 

(6) The term ‘‘RFMO’’ means a regional fisheries management organization. 

(7) The term ‘‘Secretary’’ means the Secretary of Commerce or his or her designee. 

(8) The term ‘‘vessel’’ means any vessel, ship of another type, or boat used 

for, equipped to be used for, or intended to be used for, fishing or fishing-related 


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activities, including container vessels that are carrying fish that have not been 

previously landed. 

(9) The term ‘‘fish’’ means finfish, mollusks, crustaceans, and all other forms 

of marine animal and plant life other than marine mammals and birds. 

(10) The term ‘‘fishing’’— 

(A) except as provided in subparagraph (B), means— 

(i) the catching, taking, or harvesting of fish; 

(ii) the attempted catching, taking, or harvesting of fish; 

(iii) any other activity which can reasonably be expected to result in 

the catching, taking, or harvesting of fish; or 

(iv) any operations at sea in support of, or in preparation for, any activity described in clauses (i) through (iii). 

(B) does not include any scientific research activity that is conducted by 

a scientific research vessel. 

SEC. 304. DUTIES AND AUTHORITIES OF THE SECRETARY. 

(a) REGULATIONS.—The Secretary may, as needed, promulgate such regulations, 

in accordance with section 553 of title 5, United States Code, and consistent with 

the provisions of this title, as may be necessary to carry out the purposes of this 

title to the extent that such regulations are not already promulgated. 

(b) CONSULTATION; UTILIZATION OF EXISTING REPORTING MECHANISMS.—In promulgating regulations, procedures, and guidance pursuant to subsection (a), the Secretary shall consult with the Secretary of State and the Secretary of the department 

in which the Coast Guard is operating. To the maximum extent possible and subject 

to the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a), such procedures shall utilize existing reporting mechanisms maintained and operated by the department in 

which the Coast Guard is operating. 

(c) PORTS OF ENTRY.—The Secretary, in consultation with the Secretary of Homeland Security and, when the Coast Guard is not operating in the Department of 

Homeland Security, the Secretary of the department in which the Coast Guard is 

operating, may designate and publicize the ports to which vessels may seek entry. 

No port may be designated under this section that has not also been designated as 

a port of entry for customs reporting purposes pursuant to section 1433 of title 19, 

United States Code, or that is not specified under an existing international fisheries 

agreement. 

(d) NOTIFICATION.—The Secretary shall provide notification of the denial of port 

entry or the use of port services for a vessel under section 305, the withdrawal of 

the denial of port services for a vessel, the taking of enforcement action pursuant 

to section 306 with respect to a vessel, or the results of any inspection of a vessel 

conducted pursuant to this title to the flag nation of the vessel and, as appropriate, 

to the nation of which the vessel’s master is a national, relevant coastal nations, 

RFMOs, the Food and Agriculture Organization of the United Nations, and other 

relevant international organizations. 

(e) CONFIRMATION THAT FISH WERE TAKEN IN ACCORDANCE WITH CONSERVATION

AND MANAGEMENT MEASURES.—The Secretary may request confirmation from the 

flag state of a vessel that the fish on board a vessel in a port subject to the jurisdiction of the United States were taken in accordance with applicable RFMO conservation and management measures. 

SEC. 305. AUTHORIZATION OR DENIAL OF PORT ENTRY. 

(a) SUBMISSION OF INFORMATION REQUIRED UNDER AGREEMENT.—All foreign vessels seeking entry to a port subject to the jurisdiction of the United States must submit to the Secretary of the department in which the Coast Guard is operating information as required under the Agreement in advance of its arrival in port. 

(b) DECISION TO AUTHORIZE OR DENY PORT ENTRY.—The Secretary shall decide, 

based on the information submitted under subsection (a), whether to authorize or 

deny port entry and shall communicate this decision to the foreign vessel or to its 

representative. The Secretary may deny entry to— 

(1) any foreign-listed IUU vessel; or 

(2) any foreign vessel the Secretary has reasonable grounds to believe has engaged in IUU fishing or fishing-related activities in support of such fishing or 

has violated the Act. 

(c) DENIAL OF USE OF PORT.—If a foreign vessel is in a port subject to the jurisdiction of the United States, the Secretary shall deny such vessel the use of the port 

for landing, transshipment, packaging and processing of fish, refueling, resupplying, 

maintenance and drydocking, if— 

(1) the vessel entered without authorization under subsection (b); 

(2) the vessel is a listed IUU vessel; 


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(3) the flag nation of the vessel has failed to provide confirmation requested 

by the Secretary that the fish on board were taken in accordance with applicable RFMO conservation and management measures; or 

(4) the Secretary has reasonable grounds to believe— 

(A) the vessel lacks valid authorizations to engage in fishing or fishingrelated activities as required by its flag nation or the relevant coastal nation; 

(B) the fish on board were taken in violation of foreign law or in contravention of any RFMO conservation and management measure; or 

(C) the vessel has engaged in IUU fishing or fishing-related activities in 

support of such fishing, including in support of a listed IUU vessel, unless 

it can establish that— 

(i) it was acting in a manner consistent with applicable RFMO conservation and management measures; or 

(ii) in the case of the provision of personnel, fuel, gear, and other supplies at sea, the vessel provisioned was not, at the time of provisioning, 

a listed IUU vessel. 

(d) EXCEPTIONS.—Notwithstanding subsections (b) and (c), the Secretary may 

allow port entry or the use of port services— 

(1) if they are essential to the safety or health of the crew or safety of the 

vessel; 

(2) to allow, where appropriate, for the scrapping of the vessel; or 

(3) pursuant to an inspection or other enforcement action. 

SEC. 306. INSPECTIONS. 

The Secretary, and the Secretary of the department in which the Coast Guard is 

operating, shall conduct foreign vessel inspections in ports subject to the jurisdiction 

of the United States as necessary to achieve the purposes of the Agreement and this 

title. If, following an inspection, the Secretary has reasonable grounds to believe 

that a foreign vessel has engaged in IUU fishing or fishing-related activities in support of such fishing, the Secretary may take enforcement action under this title or 

other applicable law, and shall deny the vessel the use of port services, in accordance with section 305. 

SEC. 307. PROHIBITED ACTS. 

It is unlawful for any person subject to the jurisdiction of the United States— 

(1) to violate any provision of this title or the regulations issued under this 

title; 

(2) to refuse to permit any authorized officer to board, search, or inspect a 

vessel that is subject to the person’s control in connection with the enforcement 

of this title or the regulations issued under this title; 

(3) to submit false information pursuant to any requirement under this title 

or the regulations issued under this title; or 

(4) to commit any offense enumerated in paragraph (4), (5), (7) or (9) of section 707(a) of the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6906(a)). 

SEC. 308. ENFORCEMENT. 

(a) EXISTING AUTHORITIES AND RESPONSIBILITIES.—The authorities and responsibilities under subsections (a), (b), and (c) of section 311 and section 308(f) of the 

Magnuson-Stevens Act (16 U.S.C. 1861, 1858(f)) shall apply with respect to enforcement of this title. 

(b) CIVIL ENFORCEMENT.— 

(1) CIVIL ADMINISTRATIVE PENALTIES.— 

(A) IN GENERAL.—Any person who is found by the Secretary (after notice 

and opportunity for a hearing in accordance with section 554 of title 5, 

United States Code) to have committed an act prohibited under section 307 

shall be liable to the United States for a civil penalty. The amount of the 

civil penalty shall be consistent with the amount under section 308(a) of the 

Magnuson-Stevens Act (16 U.S.C. 1858(a)). 

(B) COMPROMISE OR OTHER ACTION BY SECRETARY.—The Secretary shall 

have the same authority as provided in section 308(e) of the Magnuson-Stevens Act (16 U.S.C. 1858(e)) with respect to a violation of this Act. 

(2) IN REM JURISDICTION.—For purposes of this title, the conditions for in rem 

liability shall be consistent with section 308(d) of the Magnuson-Stevens Act (16 

U.S.C. 1858(d)). 

(3) ACTION UPON FAILURE TO PAY ASSESSMENT.—If any person fails to pay an 

assessment of a civil penalty under this title after it has become a final and 

unappealable order, or after the appropriate court has entered final judgment 

in favor of the Secretary, the Secretary shall refer the matter to the Attorney 


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General, who shall recover the amount assessed in any appropriate district 

court of the United States. In such action, the validity and appropriateness of 

the final order imposing the civil penalty shall not be subject to review. 

(c) FORFEITURE.— 

(1) IN GENERAL.—The forfeiture provisions of section 310 of the MagnusonStevens Act (16 U.S.C. 1860) shall apply in cases in which a person is convicted 

of an offense in violation of section 309. 

(2) APPLICATION OF THE CUSTOMS LAWS.—All provisions of law relating to seizure, summary judgment, and judicial forfeiture and condemnation for violation 

of the customs laws, the disposition of the property forfeited or condemned or 

the proceeds from the sale thereof, the remission or mitigation of such forfeitures, and the compromise of claims shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this title, insofar as applicable and not inconsistent with the provisions hereof. For seizures 

and forfeitures of property under this section by the Secretary, such duties as 

are imposed upon the customs officer or any other person with respect to the 

seizure and forfeiture of property under the customs law may be performed by 

such officers as are designated by the Secretary or, upon request of the Secretary, by any other agency that has authority to manage and dispose of seized 

property. 

(3) PRESUMPTION.—For the purposes of this section there is a rebuttable presumption that all fish, or components thereof, found on board a vessel that is 

used or seized in connection with a violation of this title (including any regulation promulgated under this Act) were taken, obtained, or retained as a result 

of IUU fishing or fishing-related activities in support of IUU fishing. 

(d) CRIMINAL ENFORCEMENT.—Any person (other than a foreign government agency, or entity wholly owned by a foreign government) who knowingly commits an act 

prohibited by section 309 shall be subject to subsections (b) and (c) of section 309 

of the Magnuson-Stevens Act (16 U.S.C. 1859). 

(e) PAYMENT OF STORAGE, CARE, AND OTHER COSTS.—Any person assessed a civil 

penalty for, or convicted of, any violation of this title (including any regulation promulgated under this title) and any claimant in a forfeiture action brought for such 

a violation, shall be liable for the reasonable costs incurred by the Secretary in storage, care, and maintenance of any property seized in connection with the violation. 

SEC. 309. INTERNATIONAL COOPERATION AND ASSISTANCE. 

(a) ASSISTANCE TO DEVELOPING NATIONS AND INTERNATIONAL ORGANIZATIONS.— 

Consistent with existing authority and the availability of funds, the Secretary shall 

provide appropriate assistance to developing nations and international organizations 

of which such nations are members to assist those nations in meeting their obligations under the Agreement. 

(b) PERSONNEL, SERVICES, EQUIPMENT, AND FACILITIES.—In carrying out subsection (a), the Secretary may, by agreement, on a reimbursable or nonreimbursable 

basis, utilize the personnel, services, equipment, and facilities of any Federal, State, 

local, or foreign government or any entity of any such government. 

SEC. 310. RELATIONSHIP TO OTHER LAWS. 

(a) IN GENERAL.—Nothing in this title shall be construed to displace any requirements imposed by the customs laws of the United States or any other laws or regulations enforced or administered by the Secretary of Homeland Security. Where 

more stringent requirements regarding port entry or access to port services exist 

under other Federal law, those more stringent requirements shall apply. Nothing 

in this title shall affect a vessel’s entry into port, in accordance with international 

law, for reasons of force majeure or distress. 

(b) UNITED STATES OBLIGATIONS UNDER INTERNATIONAL LAW.—This title shall be 

interpreted and applied in accordance with United States obligations under international law. 

PURPOSE OF THE BILL

The purpose of H.R. 69 is to strengthen enforcement mechanisms 

to stop illegal, unreported, and unregulated fishing, and to amend 

the Tuna Conventions Act of 1950 to implement the Antigua Convention. 


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BACKGROUND AND NEED FOR LEGISLATION

Illegal, Unregulated and Unreported (IUU) fishing, also often referred to as ‘‘pirate’’ fishing, has been identified as a threat to sustainable fisheries worldwide, and the sale of illegally-caught fish 

undermines markets for legally-caught fish. As an example of the 

effects of IUU fishing on U.S. fishermen, it is estimated that 98 

million pounds of IUU crab entered the global seafood market in 

2011 with estimates of over $500 million in economic losses to U.S. 

crab fishermen since 2000. This level of economic impact due to 

IUU fishing is not unique to the U.S. or to the crab fishery. In fact, 

according to testimony heard by the Committee, ‘‘Experts estimate 

global economic losses from IUU fishing range between $10 and 

$23.5 billion.’’ 

The United Nation’s Food and Agriculture Organization estimates that fish and fishery products are among the most traded 

food commodities worldwide, and in 2010 the United States was 

the largest importer of fish and fishery products (followed by 

Japan, Spain, China, and France). Recent estimates show that the 

U.S. imports more than 90 percent of the seafood consumed in the 

U.S., making the U.S. a potential destination for IUU fish. 

In an effort to identify and combat IUU fishing, the National 

Oceanic and Atmospheric Administration (NOAA) published a final 

rule which defined ‘‘illegal, unreported, and unregulated fishing’’ to 

mean: ‘‘(1) Fishing activities that violate conservation and management measures required under an international fishery management agreement to which the United States is a party, including 

catch limits or quotas, capacity restrictions, and bycatch reduction 

requirements; (2) Overfishing of fish stocks shared by the United 

States, for which there are no applicable international conservation 

or management measures or in areas with no applicable international fishery management organization or agreement, that has 

adverse impacts on such stocks; and (3) Fishing activity that has 

an adverse impact on seamounts, hydrothermal vents, and cold 

water corals located beyond national jurisdiction, for which there 

are no applicable conservation or management measures or in 

areas with no applicable international fishery management organization or agreement.’’ 

According to NOAA, the seafood industry in the U.S.—harvesters, seafood processors and dealers, seafood wholesalers and 

seafood retailers, taking into account imports and multiplier effects—generated $129 billion in sales impacts and $37 billion in income impacts, and supported 1.2 million jobs in 2011. 

Fishing activities within the U.S. Exclusive Economic Zone (EEZ) 

are regulated under the Magnuson-Stevens Fishery Conservation 

and Management Act (Magnuson-Stevens Act) and enforcement of 

this statute ensures that U.S. vessels adhere to conservation and 

management measures. While the Magnuson-Stevens Act allows 

for limited fishing by foreign vessels there is currently little or no 

fishing by foreign vessels in U.S. waters. In addition, under the 

Nicholson Act, foreign vessels are generally prohibited from unloading fish and fish products in any U.S. port that were harvested or 

taken onboard a vessel on the ‘‘high seas.’’ This prohibition on the 

landing of fish from foreign fishing vessels does not apply to: (1) 

ports in the U.S. territories of American Samoa, Guam, and the 


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Commonwealth of the Northern Mariana Islands; (2) certain landings in the U.S. Virgin Islands; and (3) landings pursuant to certain conventions to which the United States is a party. While foreign vessels are limited in their ability to directly land IUU fish 

at U.S. ports, IUU fish and other seafood products are able to enter 

the U.S. through other means. 

While fishing activities within U.S. waters are regulated and enforced under the Magnuson-Stevens Act, fishing activities outside 

of U.S. waters—especially illegal fishing—can have an effect on 

both U.S. fishermen and the U.S. seafood industry. 

In addition to domestic fisheries management, the U.S. is a party 

to a number of Regional Fishery Management Organizations 

(RFMO) which are usually established by a treaty or other formal 

international agreement and provide a mechanism through which 

nations work together towards the conservation, management, and 

development of fisheries through the adoption of fisheries conservation and management measures that are binding on their members. In many cases, these RFMOs provide conservation and management measures which bind member nations and their fishing 

vessels while fishing on the high seas and within the area covered 

by the treaty or agreement. A number of these RFMOs have begun 

creating lists of vessels which are fishing illegally within the 

RFMO’s region, and these vessels are then identified as IUU vessels. 

IUU fishing is not a new problem for the U.S. and for U.S. fishermen. In 2006, Congress passed H.R. 5946 which became Public 

Law 109–479. The bill, which reauthorized and amended the Magnuson-Stevens Act, included a number of provisions in Title IV of 

the bill to allow the U.S. government to take unilateral action dealing with IUU fishing. 

The provisions in Title IV of the bill authorized the Secretary of 

Commerce to promote improved monitoring and compliance for 

high seas fisheries or fisheries governed by international fishery 

management agreements. These provisions also amended the High 

Seas Driftnet Fishing Moratorium Protection Act to direct the Secretary to report biennially to Congress on: (1) U.S. awareness of 

the status of international living marine resources shared by the 

United States; (2) regulatory failures of nations that have been 

identified as having engaged in IUU fishing in high seas fisheries; 

(3) regulatory failures of nations that have been identified as having engaged in fishing activities or practices beyond the EEZ that 

result in bycatch of a protected living marine resource; (4) corrective actions taken to end IUU fishing activities; (5) international 

progress to strengthen RFMO’s efforts to end IUU fishing; and (6) 

steps taken for adopting international measures to reduce the impacts of fishing on protected living marine resources. The provisions also directed the Secretary to take certain actions to improve 

the effectiveness of RMFOs to stop IUU fishing by other nations in 

high seas fisheries. 

The Title IV provisions also required the Secretary to identify nations whose vessels have engaged in IUU fishing activities or 

whose fishing vessels have engaged in fishing activities which resulted in the bycatch of protected living marine resources. Following the identification, the Secretary is required to notify offending nations (including the relevant RFMOs) and to initiate conVerDate Sep 11 2014 23:18 Jan 02, 2015 Jkt 049006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR685.XXX HR685

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sultations to encourage the nations to take appropriate corrective 

action or to enter into bilateral treaties to end IUU fishing and bycatch of protected living marine resources. 

Under the Title IV provisions, the Secretary of the Treasury is 

required, with respect to an offending nation if consultations do not 

result in corrective actions being taken by the nation, to: (1) withhold or revoke the clearance of the nation’s vessels and deny the 

vessels entry into U.S. navigable waters or ports; (2) prohibit the 

import of fish or fish products or sport fishing gear from such nation; and (3) impose other economic sanctions if needed. 

Finally, this Title directed the Secretary of Commerce, in cooperation with the Secretary of State, to seek international action 

to end overfishing in fisheries that have been determined to have 

been overfished or are approaching a condition of being overfished 

due to excessive international fishing, and for which there are no 

management measures to end overfishing under an international 

agreement with the United States. The Secretary was directed to: 

(1) develop recommendations for regulations to address the impact 

of U.S. fishing vessels on highly migratory fish stock in the fisheries; and (2) develop and submit recommendations to the Secretary of State, and to Congress, for international actions to end 

overfishing in such fisheries. 

As a result of these requirements, in January 2013, NOAA released a report to Congress titled ‘‘Improving International Fisheries Management.’’ This was the third report to Congress under 

this requirement. 

In this report, NOAA identified 10 nations as having been engaged in IUU fishing based on violations of international conservation and management measures during 2011 and/or 2012. The nations identified by the report were Colombia, Ecuador, Ghana, 

Italy, Mexico, Panama, the Republic of Korea, Spain, Tanzania, 

and Venezuela. 

NOAA considered five other nations and fishing entities for identification as having engaged in IUU fishing during the reporting 

period, but consultations indicated corrective actions had already 

been taken to address the fishing activities of concern, or the allegations of IUU fishing activities were refuted. NOAA identified one 

nation, Mexico, for fishing activities involving the bycatch of protected living marine resources. In addition, the report contains 

NOAA’s certification decisions for the six nations identified in the 

2011 report and in each case, the nation was found to have taken 

appropriate corrective actions and is receiving a positive certification. (A positive certification means that a nation has provided 

documentary evidence that appropriate corrective action has been 

taken to address the IUU fishing activities for which it was identified.) 

In the 2011 report to Congress, NOAA had reported that six nations had been identified as having vessels which participated in 

IUU fishing in 2009 and/or 2010. These were Columbia, Ecuador, 

Italy, Panama, Portugal, and Venezuela. NOAA also reported that 

six nations which had previously been identified as having vessels 

participating in IUU fishing had addressed the concerns raised by 

the U.S. These nations were China, France, Italy, Libya, Panama, 

and Tunisia. 


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In addition to other measures to combat IUU fishing, the Agreement on Port State Measures to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated Fishing provides tools for nations 

to deal with IUU fishing and to prevent IUU-caught fish from entering markets and competing with legally-caught fish. The Agreement recognizes that all seafood must pass through a port to get 

to market and that nations can identify both vessels and nations 

suspected of conducting or condoning IUU fishing and allows nations to use inspections to prevent IUU fish from reaching the market. 

The Agreement establishes standards for dockside inspections 

and requires parties to restrict port entry and port services to foreign vessels known or suspected of having been involved in IUU 

fishing, particularly those on a RFMO IUU fishing vessel list. 

These standards would increase the risks and costs associated with 

IUU fishing activities and help to ensure that IUU fish and fish 

products do not enter into global trade. Implementation of the Port 

States Agreement will ultimately benefit U.S. fishermen, seafood 

buyers, and consumers by preventing IUU vessels from entering 

our ports and diluting the market with illegally-caught seafood 

product. 

The Port States Agreement established several obligations that 

nations are required to apply to foreign flagged fishing vessels 

seeking entry to that nation’s port. Under the Agreement, parties 

are required to: (1) designate ports to which foreign flagged vessels 

may seek entry and to establish a process for granting or denying 

port entry and/or the use of port services to foreign flagged fishing 

vessels; (2) deny port entry and the use of port services to vessels 

that have been engaged in IUU fishing, including as indicated by 

inclusion of the vessel on an RFMO IUU vessel list; and (3) share 

information, including inspection results, with the flag nations and, 

as appropriate, other relevant parties and entities. H.R. 69, as 

amended, recognizes those obligations but clarifies that the information shared with other appropriate entities follows the confidentiality standards of the Magnuson-Stevens Act. 

The United States signed the Port States Agreement on November 22, 2009. The President transmitted the Agreement to the Senate on November 14, 2011, and the Senate provided advice and 

consent on April 3, 2014. 

A hearing on H.R. 69 and an unnumbered discussion draft of legislation to implement the Agreement on Port State Measures to 

Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated 

Fishing was held on April 3, 2014. Testimony was heard from the 

Department of State, the Department of Commerce, and three individuals (two representing the fishing industry). 

COMMITTEE ACTION

H.R. 69 was introduced on January 3, 2013, by Delegate Madeleine Bordallo (D–GU). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on Fisheries, Wildlife, Oceans and Insular Affairs. On April 3, 

2014, the Subcommittee held a hearing on the bill. On September 

18, 2014, the Full Natural Resources Committee met to consider 

the bill. The Subcommittee on Fisheries, Wildlife, Oceans and Insular Affairs was discharged by unanimous consent. Delegate 


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Bordallo offered an amendment designated .002 to the bill; the 

amendment was adopted by unanimous consent. No further amendments were offered, and the bill, as amended, was then adopted 

and ordered favorably reported to the House of Representatives by 

unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has requested but not received a cost estimate for this bill 

from the Director of the Congressional Budget Office. The Committee believes that enactment of this bill will not have a significant effect on the federal budget. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or 

tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to strengthen enforcement mechanisms to stop illegal, 

unreported, and unregulated fishing, and to amend the Tuna Conventions Act of 1950 to implement the Antigua Convention. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. The Chairman estimates that this bill directs the Secretary of Commerce to conduct five rulemakings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duVerDate Sep 11 2014 23:18 Jan 02, 2015 Jkt 049006 PO 00000 Frm 00019 Fmt 6659 Sfmt 6602 E:\HR\OC\HR685.XXX HR685

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plicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

FEDERAL ADVISORY COMMITTEE STATEMENT

The functions of the proposed advisory committee authorized in 

the bill are not currently being nor could they be performed by one 

or more agencies, an advisory committee already in existence or by 

enlarging the mandate of an existing advisory committee. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

HIGH SEAS DRIFTNET FISHING MORATORIUM 

PROTECTION ACT 

* * * * * * * 

TITLE VI—DRIFTNET MORATORIUM 

* * * * * * * 

SEC. 606. ENFORCEMENT. 

(a) IN GENERAL.—The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce this Act, 

and the Acts to which this section applies, in accordance with this 

section. Each such Secretary may, by agreement, on a reimbursable 

basis or otherwise, utilize the personnel services, equipment (including aircraft and vessels), and facilities of any other Federal agency, 

and of any State agency, in the performance of such duties. 

(b) ACTS TO WHICH SECTION APPLIES.—This section applies to— 

(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 et 

seq.); 

(2) the Dolphin Protection Consumer Information Act (16 

U.S.C. 1385); 

(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.); 

(4) the North Pacific Anadromous Stocks Act of 1992 (16 

U.S.C. 5001 et seq.); 

(5) the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.); 

(6) the Antarctic Marine Living Resources Convention Act of 

1984 (16 U.S.C. 2431 et seq.); 

(7) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 

et seq.); 

(8) the Northwest Atlantic Fisheries Convention Act of 1995 

(16 U.S.C. 5601 et seq.); 


asabaliauskas on DSK5VPTVN1PROD with REPORTS
21 

(9) the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.); and 

(10) the North Pacific Halibut Act of 1982 (16 U.S.C. 773a 

et seq.). 

(c) ADMINISTRATION AND ENFORCEMENT.— 

(1) IN GENERAL.—The Secretary shall prevent any person 

from violating this Act, or any Act to which this section applies, 

in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 

311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858 through 1861) were incorporated 

into and made a part of and applicable to this Act and each 

such Act. 

(2) INTERNATIONAL COOPERATION.—The Secretary may, subject to appropriations and in the course of carrying out the Secretary’s responsibilities under the Acts to which this section applies, engage in international cooperation to help other nations 

combat illegal, unreported, and unregulated fishing and 

achieve sustainable fisheries. 

(d) SPECIAL RULES.— 

(1) ADDITIONAL ENFORCEMENT AUTHORITY.—In addition to 

the powers of officers authorized pursuant to subsection (c), any 

officer who is authorized by the Secretary, or the head of any 

Federal or State agency that has entered into an agreement 

with the Secretary under subsection (a), may enforce the provisions of any Act to which this section applies, with the same jurisdiction, powers, and duties as though section 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 

U.S.C. 1861) were incorporated into and made a part of each 

such Act. 

(2) DISCLOSURE OF ENFORCEMENT INFORMATION.—The Secretary, subject to the data confidentiality provisions in section 

402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a), may disclose, as necessary and 

appropriate, information, including information collected under 

joint authority of the Magnuson-Stevens Fishery Conservation 

and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic 

Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.) or the 

Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.) or other statutes implementing 

international fishery agreements, to any other Federal or State 

government agency, the Food and Agriculture Organization of 

the United Nations, the secretariat or equivalent of an international fishery management organization or arrangement 

made pursuant to an international fishery agreement, or a foreign government, if— 

(A) such government, organization, or arrangement has 

policies and procedures to protect such information from 

unintended or unauthorized disclosure; and 

(B) such disclosure is necessary— 

(i) to ensure compliance with any law or regulation 

enforced or administered by the Secretary; 

(ii) to administer or enforce any international fishery 

agreement to which the United States is a party; 


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(iii) to administer or enforce a binding conservation 

measure adopted by any international organization or 

arrangement to which the United States is a party; 

(iv) to assist in any investigative, judicial, or administrative enforcement proceeding in the United States; 

or 

(v) to assist in any law enforcement action undertaken by a law enforcement agency of a foreign government, or in relation to a legal proceeding undertaken 

by a foreign government to the extent the enforcement 

action is consistent with rules and regulations of a regional fishery management organization that the 

United States is a member of, or the Secretary has determined that the enforcement action is consistent with 

the requirements under Federal law for enforcement actions with respect to illegal, unreported, and unregulated fishing. 

(e) PROHIBITED ACTS.—It is unlawful for any person— 

(1) to violate any provision of this Act or any regulation or 

permit issued pursuant to this Act; 

(2) to refuse to permit any officer authorized to enforce the 

provisions of this Act to board, search, or inspect a vessel, subject to such person’s control for the purposes of conducting any 

search, investigation, or inspection in connection with the enforcement of this Act, any regulation promulgated under this 

Act, or any Act to which this section applies; 

(3) to forcibly assault, resist, oppose, impede, intimidate, or 

interfere with any such authorized officer in the conduct of any 

search, investigation, or inspection described in paragraph (2); 

(4) to resist a lawful arrest for any act prohibited by this section or any Act to which this section applies; 

(5) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of an other person, knowing that 

such person has committed any act prohibited by this section or 

any Act to which this section applies; or 

(6) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with— 

(A) any observer on a vessel under this Act or any Act to 

which this section applies; or 

(B) any data collector employed by the National Marine 

Fisheries Service or under contract to any person to carry 

out responsibilities under this Act or any Act to which this 

section applies. 

(f) CIVIL PENALTY.—Any person who commits any act that is unlawful under subsection (e) shall be liable to the United States for 

a civil penalty, and may be subject to a permit sanction, under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858). 

(g) CRIMINAL PENALTY.—Any person who commits an act that is 

unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is 

deemed to be guilty of an offense punishable under section 309(b) 

of the Magnuson-Stevens Fishery Conservation and Management 

Act (16 U.S.C. 1859(b)). 

(h) UTILIZATION OF FEDERAL AGENCY ASSETS.— The President 

shall utilize appropriate assets of the Departmen tof Defense, the 


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United States Coast Guard, and other Federal agencies to detect, 

monitor, and prevent violations of the United Nations moratorium 

on large-scale driftnet fishing on the highseas for all fisheries 

under the jurisdiction of the United States and, in the case of fisheries not under the jurisdiction of the United States, to the fullest 

extent permitted under international law. 

SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE. 

The Secretary, in consultation with the Secretary of State, shall 

provide to Congress, by not later than 2 years after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, and every 2 years thereafter, 

a report that includes— 

(1) * * * 

(2) a list of nations øwhose vessels¿ that have been identified 

under section 609(a) or 610(a), including the specific offending 

activities and any subsequent actions taken pursuant to 

section609 or 610; 

* * * * * * * 

SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT ORGANIZATIONS. 

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of State, and in cooperation with relevant fishery management councils and any relevant advisory committees, shall take actions to improve the effectiveness of international fishery management organizations, or arrangements made pursuant to an international fishery agreement, in conserving and managing fish stocks 

under their jurisdiction. These actions shall include— 

(1) * * * 

* * * * * * * 

(b) DISCLOSURE OF INFORMATION.—The Secretary, subject to the 

data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a), 

may disclose, as necessary and appropriate, information, including 

information collected under joint authority of the Magnuson-Stevens 

Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) 

and the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et 

seq.), the Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.), any other statute implementing an international fishery agreement, to any other Federal or 

State government agency, the Food and Agriculture Organization of 

the United Nations, or the secretariat or equivalent of an international fishery management organization or arrangement made 

pursuant to an international fishery agreement, if such government, 

organization, or arrangement, respectively, has policies and procedures to protect such information from unintended or unauthorized 

disclosure. 

(c) IUU VESSEL LISTS.—The Secretary may— 

(1) develop, maintain, and make public a list of vessels and 

vessel owners engaged in illegal, unreported, or unregulated 

fishing or fishing-related activities in support of illegal, unreported, or unregulated fishing, including vessels or vessel owners identified by an international fishery management organizaVerDate Sep 11 2014 23:18 Jan 02, 2015 Jkt 049006 PO 00000 Frm 00023 Fmt 6659 Sfmt 6603 E:\HR\OC\HR685.XXX HR685

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tion or arrangement made pursuant to an international fishery 

agreement, that— 

(A) the United States is party to; or 

(B) the United States is not party to, but whose procedures and criteria in developing and maintaining a list of 

such vessels and vessel owners are substantially similar to 

such procedures and criteria adopted pursuant to an international fishery agreement to which the United States is a 

party; and 

(2) take appropriate action against listed vessels and vessel 

owners, including action against fish, fish parts, or fish products from such vessels, in accordance with applicable United 

States law and consistent with applicable international law, including principles, rights, and obligations established in applicable international fishery management agreements and trade 

agreements. 

(d) REGULATIONS.—The Secretary may promulgate regulations to 

implement this section. 

SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING. 

(a) IDENTIFICATION.— 

(1) IDENTIFICATION FOR ACTIONS OF FISHING VESSELS.—The 

Secretary shall, based on a cumulative compilation and analysis of data collected and provided by international fishery 

management organizations and other nations and organizations, identify, and list in the report under section 607, a nation if fishing vessels of that nation are engaged, or have been 

engaged at any point during the preceding ø2 years¿ 3 years, 

in illegal, unreported, or unregulated fishing— 

ø(1)¿ (A) that undermines the effectiveness of measures 

required by an international fishery management organization, taking into account whether the relevant international fishery management organization has failed to 

implement effective measures to end the illegal, unreported, or unregulated fishing activity by øvessels of¿ that 

nation or the nation is not a party to, or does not maintain 

cooperating status with, such organization; or 

ø(2)¿ (B) where no international fishery management 

organizationexists with a mandate to regulate the fishing 

activityin question. 

(2) IDENTIFICATION FOR ACTIONS OF NATION.—Taking into account the factors described under section 609(a)(1), the Secretary shall also identify, and list in such report, a nation— 

(A) if it is violating, or has violated at any point during 

the preceding three years, conservation and management 

measures required under an international fishery management agreement to which the United States is a party and 

the violations undermine the effectiveness of such measures; 

or 

(B) if it is failing, or has failed in the preceding 3-year 

period, to effectively address or regulate illegal, unreported, 

or unregulated fishing in areas described under paragraph 

(1)(B). 

(3) APPLICATION TO OTHER ENTITIES.—Where the provisions 

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ble, as appropriate, to other entities that have competency to 

enter into international fishery management agreements. 

ø(b) NOTIFICATION.—An identification under subsection (a) or 

section 610(a) is deemed to be an identification under 

section101(b)(1)(A) of the High Seas Driftnet Fisheries Enforcement 

Act(16 U.S.C. 1826a(b)(1)(A)), and the Secretary shall notify the 

President and that nation of such identification.¿ 

(b) NOTIFICATION.—The Secretary shall notify the President and 

that nation of such an identification. 

* * * * * * * 

(d) IUU CERTIFICATION PROCEDURE.— 

(1) CERTIFICATION.—The Secretary shall establish a procedure, consistent with the provisions of subchapter II of 

chapter5 of title 5, United States Code, for determining if a nation identified under subsection (a) and listed in the report 

under section 607 has taken appropriate corrective action with 

respect to the offending activities øof its fishing vessels¿ identified in the report under section 607. The certification procedure 

shall provide for notice and an opportunity for comment by any 

such nation. The Secretary shall determine, on the basis of the 

procedure, and certify to the Congress no later than 90days 

after the date on which the Secretary promulgates a final rule 

containing the procedure, and biennially there after in the report under section 607— 

(A) whether the government of each nation identified 

under subsection (a) has provided documentary evidence 

that it has taken corrective action with respect to the offending activities øof its fishing vessels¿ identified in 

thereport; or 

* * * * * * * 

(2) ALTERNATIVE PROCEDURE.—The Secretary may establish 

a procedure øfor certification¿ to authorize, on a shipment-byshipment, shipper-by-shipper, or other basis the importation of 

fish or fish products from a vessel of a øharvesting¿ nation 

ønot certified under paragraph (1)¿ issued a negative certification under paragraph (1) if the Secretary determines that— 

(A) * * * 

* * * * * * * 

(3) EFFECT OF CERTIFICATION.— 

(A) IN GENERAL.—The provisions of section 101(a) and 

section 101(b)(3) and (4) of this Act (16 U.S.C. 

1826a(a),(b)(3), and (b)(4))— 

(i) shall apply to any nation identified under subsection (a) øthat has not been certified by the Secretary under this subsection, or¿ for which the Secretary has issued a negative certification under this 

subsection; but 

* * * * * * * 

SEC. 610. EQUIVALENT CONSERVATION MEASURES. 

(a) IDENTIFICATION.—The Secretary shall identify, and list in the 

report under section 607— 

(1) a nation if— 


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(A) fishing vessels of that nation are engaged, or have 

been engaged during the preceding øcalendar year¿ three 

years in fishing activities or øpractices;¿ practices— 

(i) * * * 

* * * * * * * 

(2) a nation if— 

(A) fishing vessels of that nation are engaged, or 

havebeen engaged during the preceding øcalendar year¿, 

in fishing activities or practices in waters beyond any national jurisdictionthat target or incidentally catch sharks; 

and 

* * * * * * * 

(b) CONSULTATION AND NEGOTIATION.—The Secretary, acting 

through the Secretary of State, shall— 

ø(1) notify, as soon as possible, other nations whose vessels 

engage in fishing activities or practices described in subsection(a), about the provisions of this section and this Act;¿ 

(1) notify, as soon as possible, the President and nations that 

have been identified under subsection (a), and also notify other 

nations whose vessels engage in fishing activities or practices 

described in subsection (a), about the provisions of this section 

and this Act; 

* * * * * * * 

(c) CONSERVATION CERTIFICATION PROCEDURE.— 

(1) * * * 

* * * * * * * 

ø(4) ALTERNATIVE PROCEDURE.—The Secretary shall establish a procedure for certification, on a shipment-by-shipment, 

shipper-by-shipper, or other basis of fish or fish products from 

a vessel of a harvesting nation not certified under paragraph 

(3) if the Secretary determines that such imports were harvested by practices that do not result in by catch of a protected 

marine species, or were harvested by practices that— 

ø(A) are comparable to those of the United States, taking into account different conditions, and which, in the 

case of pelagic long line fishing, includes mandatory use of 

circle hooks, careful handling and release equipment, and 

training and observer programs; and¿ 

(4) ALTERNATIVE PROCEDURE.—The Secretary may establish a 

procedure to authorize, on a shipment-by-shipment, shipper-byshipper, or other basis the importation of fish or fish products 

from a vessel of a nation issued a negative certification under 

paragraph (1) if the Secretary determines that such imports 

were harvested by practices that do not result in bycatch of a 

protected marine species, or were harvested by practices that— 

(A) are comparable to those of the United States, taking 

into account different conditions; and 

* * * * * * * 

(5) EFFECT OF CERTIFICATION.—The provisions of 

section101(a) and section 101(b)(3) and (4) of this Act (16 

U.S.C.1826a(a), (b)(3), and (b)(4)) (except to the extent that 

such provisions apply to sport fishing equipment or fish or fish 


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products not caught by the vessels engaged in illegal, unreported, or unregulated fishing) shall apply to any nation identified under subsection (a) øthat has not been certified by the 

Secretary under this subsection, or¿ for which the Secretary 

has issued a negative certification under this subsection, buts 

hall not apply to any nation identified under subsection (a) for 

which the Secretary has issued a positive certification under 

this subsection. 

* * * * * * * 

HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT 

* * * * * * * 

TITLE I—HIGH SEAS LARGE-SCALE DRIFTNET FISHING 

SEC. 101. DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH 

SEAS LARGE-SCALE DRIFTNET FISHING. 

(a) DENIAL OF PORT PRIVILEGES.— (1) * * * 

(2) DENIAL OF PORT PRIVILEGES.—The Secretary of the Treasury shall, in accordance with ørecognized principles of¿ international law— 

(A) withhold or revoke the clearance required by section 

4197 of the Revised Statutes of the United States (46 App. 

U.S.C. 91) for any large-scale driftnet fishing vessel that is 

documented under the laws of the United States or of a 

nation included on a list published under paragraph (1) or, 

as appropriate, for fishing vessels of a nation that receives 

a negative certification under section 609(d) or section 

610(c) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826); and 

(B) deny entry of that vessel to any place in the United 

States and to the navigable waters of the United States, except for the purposes of inspecting such vessel, conducting 

an investigation, or taking other appropriate enforcement 

action. 

* * * * * * * 

(b) SANCTIONS.— (1) IDENTIFICATIONS.— (A) INITIAL IDENTIFICATIONS.—Not later than January 

10, 1993, the Secretary of Commerce shall— 

(i) identify each nation whose nationals or vessels 

are conducting large-scale driftnet fishing øor illegal, 

unreported, or unregulated fishing¿ beyond the exclusive economic zone of any nation; and 

* * * * * * * 

(B) ADDITIONAL IDENTIFICATIONS.—At any time after 

January 10, 1993, whenever the Secretary of Commerce 

has reason to believe that the nationals or vessels of any 

nation are conducting large-scale driftnet fishing øor illegal, unreported, or unregulated fishing¿ beyond the exclusive economic zone of any nation, the Secretary of Commerce shall— 


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(i) * * * 

* * * * * * * 

(2) CONSULTATIONS.—Not later than 30 days after a nation 

is identified under paragraph (1)(B), the President shall enter 

into consultations with the government of that nation for the 

purpose of obtaining an agreement that will effect the immediate termination of large-scale driftnet fishing øor illegal, unreported, or unregulated fishing¿ by the nationals or vessels of 

that nation beyond the exclusive economic zone of any nation. 

(3) PROHIBITION ON IMPORTS OF FISH AND FISH PRODUCTS AND

SPORT FISHING EQUIPMENT.— 

(A) PROHIBITION.—The President— 

(i)upon receipt of notification of the identification of 

a nation under paragraph (1)(A) or a negative certification under section 609(d) or section 610(c) of the 

High Seas Driftnet Fishing Moratorium Protection Act 

(16 U.S.C. 1826j(d), 1826k(c)); or 

* * * * * * * 

(4) ADDITIONAL ECONOMIC SANCTIONS.— 

(A) DETERMINATION OF EFFECTIVENESS OF SANCTIONS.— 

Not later than six months after the date the Secretary of 

Commerce identifies a nation under paragraph (1) or 

issues a negative certification under section 609(d) or section 610(c) of the High Seas Driftnet Fishing Moratorium 

Protection Act (16 U.S.C. 1826j(d), 1826k(c)), the Secretary 

shall determine whether— 

(i) any prohibition established under paragraph (3) 

is insufficient to cause that nation to terminate largescale driftnet fishing øor illegal, unreported, or unregulated fishing¿ conducted by its nationals and vessels beyond the exclusive economic zone of any nation, 

or to address the offending activities for which a nation 

received a negative certification under section 609(d) or 

610(c) of the High Seas Driftnet Fishing Moratorium 

Protection Act (16 U.S.C. 1826j(d), 1826k(c)); or 

* * * * * * * 

SEC. 102. DURATION OF DENIAL OF PORT PRIVILEGES AND SANCTIONS. 

Any denial of port privileges or sanction under section 101 with 

respect to a nation shall remain in effect until such time as the 

Secretary of Commerce certifies to the President and the Congress 

that such nation has terminated large-scale driftnet fishing øor illegal, unreported, or unregulated fishing¿ by its nationals and vessels beyond the exclusive economic zone of any nation or effectively 

addressed the offending activities for which the nation received a 

negative certification under 609(d) or 610(c) of the High Seas 

Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d), 

1826k(c)). 

* * * * * * * 


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NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992 

* * * * * * * 

TITLE VIII—NORTH PACIFIC ANADROMOUS STOCKS 

CONVENTION 

* * * * * * * 

SEC. 810. UNLAWFUL ACTIVITIES. 

It is unlawful for any person or fishing vessel subject to the jurisdiction of the United States— 

(1) * * * 

* * * * * * * 

(5) to refuse to permit any enforcement officer to board a 

fishing vessel subject to such person’s control for purposes of 

conducting any search, investigation, or inspection in connection with the enforcement of the Convention, this title, or any 

regulation issued under this title; 

(6) to forcibly assault, resist, oppose, impede, intimidate, or 

interfere with any enforcement officer in the conduct of any 

search, investigation, or inspection described in paragraph (5); 

* * * * * * * 

NORTHERN PACIFIC ANADROMOUS STOCKS ACT OF 

1992 

øSECTION 811. PENALTIES 

ø(a) CIVIL PENALTIES.—(1) Any person who is found by the Secretary of Commerce, after notice and opportunity for a hearing in 

accordance with section 554 of title 5, to have committed an act 

prohibited by section 810 shall be liable to the United States for 

a civil penalty. The amount of the civil penalty shall not exceed 

$100,000 for each violation. Each day of a continuing violation shall 

constitute a separate offense. The amount of such civil penalty 

shall be assessed by the Secretary of Commerce, or the Secretary’s 

designee, by written notice. In determining the amount of such 

penalty, the Secretary of Commerce shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violation, the degree of culpability, 

any history of prior offenses, ability to pay, and such other matters 

as justice may require. 

ø(2) Any person against whom a civil penalty is assessed under 

paragraph (1) may obtain review thereof in the appropriate court 

of the United States by filing a complaint in such court within 30 

days from the date of such order and by simultaneously serving a 

copy of such complaint by certified mail on the Secretary of Commerce, the Attorney General, and the appropriate United States 

Attorney. The Secretary of Commerce shall promptly file in such 

court a certified copy of the record upon which such violation was 

found or such penalty imposed, as provided in section 2112 of title 

28, United States Code. The findings and order of the Secretary of 

Commerce shall be set aside by such court if they are not found 

to be supported by substantial evidence, as provided in section 

706(2) of title 5, United States Code. 


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ø(3) If any person fails to pay an assessment of a civil penalty 

after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary 

of Commerce, the matter shall be referred to the Attorney General, 

who shall recover the amount assessed in any appropriate district 

court of the United States. In such action, the validity and appropriateness of the final order imposing the civil penalty shall not be 

subject to review. 

ø(4) A fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an act prohibited by section 810 of this title shall be liable in rem for any 

civil penalty assessed for such violation under paragraph (1) and 

may be proceeded against in any district court of the United States 

having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel that may be recovered in an action in rem 

in the district court of the United States having jurisdiction over 

the vessel. 

ø(5) The Secretary of Commerce may compromise, modify, or 

remit, with or without conditions, any civil penalty that is subject 

to imposition or that has been imposed under this section. 

ø(6) For the purposes of conducting any hearing under this section, the Secretary of Commerce may issue subpoenas for the attendance and testimony of witnesses and the production of relevant 

papers, books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are 

paid to witnesses in the courts of the United States. In case of contempt or refusal to obey a subpoena served upon any person pursuant to this paragraph, the district court of the United States for 

any district in which such person is found, resides, or transacts 

business, upon application by the United States and after notice to 

such person, shall have jurisdiction to issue an order requiring 

such person to appear and give testimony before the Secretary of 

Commerce or to appear and produce documents before the Secretary of Commerce, or both, and any failure to obey such order of 

the court may be punished by such court as a contempt thereof. 

ø(b) OFFENSES.—(1) A person is guilty of an offense if the person 

commits any act prohibited by section 810 (5), (6), (7), or (8). 

ø(2) Any offense described in paragraph (1) is a class A misdemeanor punishable by a fine under title 18 or imprisonment for 

not more than 6 months, or both; except that if in the commission 

of any offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any enforcement officer, or places 

any such officer in fear of imminent bodily injury, the offense is a 

felony punishable by a fine under title 18, United States Code, or 

imprisonment for not more than 10 years, or both. 

ø(c) FORFEITURE.—(1) Any fishing vessel (including its fishing 

gear, furniture, appurtenances, stores, and cargo) used, and any 

fish (or a fair market value thereof) taken or retained, in any manner, in connection with or as a result of the commission of any act 

prohibited by section 810 of this title shall be subject to forfeiture 

to the United States. All or part of such vessel may, and all such 

fish shall, be forfeited to the United States pursuant to a civil proceeding under this section. 

ø(2) Any district court of the United States shall have jurisdiction, upon application of the Attorney General on behalf of the 


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United States, to order any forfeiture authorized under paragraph 

(1) and any action provided for under paragraph (4). 

ø(3) If a judgment is entered for the United States in a civil forfeiture proceeding under this section, the Attorney General may 

seize any property or other interest declared forfeited to the United 

States, which has not previously been seized pursuant to this chapter or for which security has not previously been obtained. The provisions of the customs laws relating to— 

ø(A) the seizure, forfeiture, and condemnation of property for 

violation of the customs law; 

ø(B) the disposition of such property or the proceeds from the 

sale thereof; and 

ø(C) the remission or mitigation of any such forfeiture; 

shall apply to seizures and forfeitures incurred, or alleged to have 

been incurred, under the provisions of this chapter, unless such 

provisions are inconsistent with the purposes, policy, and provisions of this chapter. 

ø(4)(A) Any officer authorized to serve any process in rem that 

is issued by a court having jurisdiction under section 809(b) of this 

title shall— 

ø(i) stay the execution of such process; or 

ø(ii) discharge any fish seized pursuant to such process; 

upon receipt of a satisfactory bond or other security from any person claiming such property. Such bond or other security shall be 

conditioned upon such person delivering such property to the appropriate court upon order thereof, without any impairment of its 

value, or paying the monetary value of such property pursuant to 

an order of such court. Judgment shall be recoverable on such bond 

or other security against both the principal and any sureties in the 

event that any condition thereof is breached, as determined by such 

court. 

ø(B) Any fish seized pursuant to this chapter may be sold, 

subject to the approval and direction of the appropriate court, 

for not less than the fair market value thereof. The proceeds 

of any such sale shall be deposited with such court pending the 

disposition of the matter involved. 

ø(5) For purposes of this section, it shall be a rebuttable presumption that all fish found on board a fishing vessel and which 

is seized in connection with an act prohibited by section 810 were 

taken or retained in violation of the Convention and this chapter.¿ 

SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT 

For additional prohibitions relating to this Act and enforcement 

of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). 

PACIFIC SALMON TREATY ACT OF 1985 

* * * * * * * 

SEC. 8. PROHIBITED ACTS AND PENALTIES. 

(a) It is unlawful for any person or vessel subject to the jurisdiction of the United States— 

(1) * * * 

(2) to refuse to permit any officer authorized to enforce the 

provisions of this title to board a fishing vessel subject to such 


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32 

person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of 

øthis title;¿ this Act; 

(3) to forcibly assault, resist, oppose, impede, intimidate, or 

interfere with any such authorized officer in the conduct of any 

search, investigation, or inspection described in øsubparagraph 

(2)¿ paragraph (2); 

* * * * * * * 

(5) to ship, transport, offer for sale, sell, purchase, import, 

export, or have custody, control, or possession of, any fish 

taken or retained in violation of øthis title; or¿ this Act; 

* * * * * * * 

ø(b) Any person who commits any act that is unlawful under subsection (a) of this section shall be liable to the United States for 

a civil penalty as provided by section 308 of the Magnuson Act (16 

U.S.C. 1858). 

ø(c) Any person who commits an act that is unlawful under paragraph (2), (3), (4), or (6) of subsection (a) of this section shall be 

guilty of an offense punishable as provided by section 309(b) of the 

Magnuson Act (16 U.S.C. 1859(b)). 

ø(d)(1) Any vessel (including its gear, furniture, appurtenances, 

stores, and cargo) used in the commission of an act which is prohibited under subsection (a) of this section, and any fish (or the fair 

market value thereof) taken or retained, in any manner, in connection with or as a result of the commission of any act which is prohibited by subsection (a) of this section, shall be subject to forfeiture as provided by section 310 of the Magnuson Act (16 U.S.C. 

1860). 

ø(2) Any fish seized pursuant to this title may be disposed of pursuant to the order of a court of competent jurisdiction or, if perishable, in a manner prescribed by regulation of the Secretary. 

ø(e) The Secretary and the Secretary of the Department in which 

the Coast Guard is operating shall enforce the provisions of this 

title and shall have the authority provided by subsections 311 (a), 

(b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861 (a), (b)(1), and 

(c)). 

ø(f) The district courts of the United States shall have exclusive 

jurisdiction over any case or controversy arising under this section 

and may, at any time— 

ø(1) enter restraining orders or prohibitions; 

ø(2) issue warrants, process in rem, or other process; 

ø(3) prescribe and accept satisfactory bonds or other security; 

and 

ø(4) take such other actions as are in the interest of justice.¿ 

(b) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For additional prohibitions relating to this Act and enforcement of this Act, 

see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). 

* * * * * * * 


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WESTERN AND CENTRAL PACIFIC FISHERIES 

CONVENTION IMPLEMENTATION ACT 

* * * * * * * 

TITLE V—IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION 

* * * * * * * 

SEC. 506. ENFORCEMENT. 

(a) * * * 

* * * * * * * 

ø(c) ACTIONS BY THE SECRETARY.—The Secretary shall prevent 

any person from violating this title in the same manner, by the 

same means, and with the same jurisdiction, powers, and duties as 

though all applicable terms and provisions of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857) 

were incorporated into and made a part of this title. Any person 

that violates any provision of this title is subject to the penalties 

and entitled to the privileges and immunities provided in the Magnuson-Stevens Fishery Conservation and Management Act in the 

same manner, by the same means, and with the same jurisdiction, 

power, and duties as though all applicable terms and provisions of 

that Act were incorporated into and made a part of this title.¿ 

(c) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For additional prohibitions relating to this Act and enforcement of this Act, 

see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). 

* * * * * * * 

SEC. 507. PROHIBITED ACTS. 

(a) IN GENERAL.—It is unlawful for any person— 

(1) * * * 

(2) to use any fishing vessel to engage in fishing after the 

revocation, or during the period of øsuspension, on¿ suspension, of an applicable permit issued pursuant to this title; 

* * * * * * * 

SOUTH PACIFIC TUNA ACT OF 1988 

* * * * * * * 

SEC. 5. PROHIBITED ACTS. 

(a) Except as provided in section 6 of this Act, it is unlawful for 

any person subject to the jurisdiction of the United States— 

(1) * * * 

* * * * * * * 

(8) to refuse to permit any Authorized Officer or Authorized 

Party Officer to board a fishing vessel for purposes of conVerDate Sep 11 2014 23:18 Jan 02, 2015 Jkt 049006 PO 00000 Frm 00033 Fmt 6659 Sfmt 6601 E:\HR\OC\HR685.XXX HR685

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ducting a search, investigation, or inspection in connection with 

the enforcement of this Act or the Treaty; 

* * * * * * * 

(10) to forcibly assault, resist, oppose, impede, intimidate, or 

interfere with— 

(A) any Authorized Officer or Authorized Party Officer in 

the conduct of a search, investigation, or inspection in connection with the enforcement of this Act or the Treaty; or 

* * * * * * * 

øSEC. 7. CRIMINAL OFFENSES. 

ø(a) A person is guilty of a criminal offense if he or she commits 

any act prohibited by section 5(a) (8), (10), (11), or (12) of this Act. 

ø(b) Any offense described in subsection (a) of this section is punishable by a fine of not more than $50,000, or imprisonment for not 

more than 6 months, or both; except that if in the commission of 

any such offense the person uses a dangerous weapon, engages in 

conduct that causes bodily injury to any Authorized Officer, Authorized Party Officer, or observer under the Treaty in the conduct 

of their duties, or places any such Authorized Officer, Authorized 

Party Officer, or observer in fear of imminent bodily injury, the offense is punishable by a fine of not more then $100,000 or imprisonment for not more than 10 years, or both. 

ø(c) The district courts of the United States shall have jurisdiction over any offense described in this section. 

øSEC. 8. CIVIL PENALTIES. 

ø(a) Any person who is found by the Secretary, after notice and 

an opportunity for a hearing in accordance with section 554 of title 

5, United States Code, to have committed an act prohibited by section 5 of this Act, shall be liable to the United States Code for a 

civil penalty. Before issuing a notice of violation, the Secretary 

shall consult with the Secretary of State. The amount of the civil 

penalty shall be determined in accordance with considerations set 

forth in the Treaty and shall take into account the nature, circumstances, extent, and gravity of the prohibited acts committed, 

and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. Except for those acts prohibited by section 5(a) 

(4), (5), (7), (8), (10), (11), and (12), and section 5(b) (1), (2), (3), and 

(7) of this Act, the amount of the civil penalty shall not exceed 

$250,000 for each violation. Upon written notice, the Secretary of 

State shall have the right to participate in any proceeding initiated 

to assess a civil penalty for violation of this Act. 

ø(b) Any person against whom a civil penalty is assessed under 

subsection (a) of this section may obtain review thereof in the 

United States district court for the appropriate district by filing a 

complaint in such court within 30 days from the date of the order 

and by simultaneously serving a copy of the complaint by certified 

mail on the Secretary, the Attorney General of the United States, 

and the appropriate United States Attorney. The Secretary shall 

promptly file in the court a certified copy of the record upon which 

the violation was found or the penalty imposed. The findings and 

order of the Secretary shall be set aside or modified by the court 


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if they are not found to be supported by substantial evidence, as 

provided in section 706(2) of title 5, United States Code. 

ø(c) Except as provided in subsection (g) of this section, if any 

person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the appropriate court 

has entered final judgment in favor of the Secretary, the Secretary 

shall refer the matter to the Attorney General of the United States, 

who shall recover the amount assessed in any appropriate district 

court of the United States. 

ø(d) Except as provided in subsection (g) of this section, a fishing 

vessel (including its fishing gear, furniture, appurtenances, stores, 

and cargo) used in the commission of an act prohibited by section 

5 of this Act shall be liable in rem for any civil penalty assessed 

for the violation under section 8 of this Act and may be proceeded 

against in any district court of the United States having jurisdiction thereof. The penalty shall constitute a maritime lien on the 

vessel which may be recovered in an action in rem in the district 

court of the United States having jurisdiction over the vessel. 

ø(e) The Secretary, after consultation with the Secretary of State, 

may compromise, modify, or remit, with or without conditions, any 

civil penalty which is subject to imposition or which has been imposed under this section. 

ø(f) For the purposes of conducting any hearing under this section, the Secretary may issue subpoenas for the attendance and 

testimony of witnesses and the production of relevant papers, 

books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to 

witnesses in the courts of the United States. In case of contempt 

or refusal to obey a subpoena served upon a person pursuant to 

this subsection, the district court of the United States for any district in which the person is found, resides, or transacts business, 

upon application by the United States and after notice to the person, shall have jurisdiction to issue an order requiring the person 

to appear and give testimony before the Secretary or to appear and 

produce documents before the Secretary, or both, and any failure 

to obey the order of the court may be punished by the court as a 

contempt thereof. 

ø(g) If a vessel used in a violation of section 5(a)(1), (2), (3), (4), 

(5), (6), (7), (8), (9), or (13) or section 5(b) of this Act for which a 

civil penalty has been assessed— 

ø(1) had a valid license under the Treaty at the time of the 

violation, and 

ø(2) within 60 days after the penalty assessment has become 

final, leaves and remains outside of the Licensing Area, all 

Limited Areas closed to fishing, and all Closed Areas until the 

final penalty has been paid, 

there shall be no referral to the Attorney General under subsection 

(c) of this section or in rem action under subsection (d) of this section in connection with such civil penalty.¿ 


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SEC. 7. ADDITIONAL PROHIBITIONS AND ENFORCEMENT. 

For additional prohibitions relating to this Act and enforcement 

of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). 

* * * * * * * 

ANTARCTIC MARINE LIVING RESOURCES CONVENTION 

ACT OF 1984 

* * * * * * * 

TITLE III—ANTARCTIC MARINE LIVING RESOURCES 

CONVENTION 

* * * * * * * 

SEC. 306. UNLAWFUL ACTIVITIES. 

It is unlawful for any person— 

(1) * * * 

* * * * * * * 

(3) to ship, transport, offer for sale, sell, purchase, import, 

export, or have custody, control or possession of, any Antarctic 

marine living resource (or part or product thereof) øwhich he 

knows, or reasonably should have known, was¿ harvested in 

violation of a conservation measure in force with respect to the 

United States pursuant to article IX of the Convention or in 

violation of any regulation promulgated under this title, without regard to the citizenship of the person that harvested, or 

vessel that was used in the harvesting of, the Antarctic marine 

living resource (or part or product thereof); 

(4) to refuse to permit any authorized officer or employee of 

the United States to board a vessel of the United States or a 

vessel subject to the jurisdiction of the United States for purposes of conducting any search, investigation, or inspection in 

connection with the enforcement of the Convention, this title, 

or any regulations promulgated under this title; 

(5) to assault, resist, oppose, impede, intimidate, or interfere 

with any authorized officer or employee of the United States 

in the conduct of any search, investigation, or inspection described in paragraph (4); 

* * * * * * * 

SEC. 307. REGULATIONS. 

(a) IN GENERAL.—The Secretary of Commerce, after consultation 

with the Secretary of State, the Secretary of the department in 

which the Coast Guard is operating, and the heads of other appropriate departments or agencies of the United States, shall promulgate such regulations as are necessary and appropriate to implement the provisions of this title. 

(b) REGULATIONS TO IMPLEMENT CONSERVATION MEASURES.— (1) IN GENERAL.—Notwithstanding subsections (b), (c), and 

(d) of section 553 of title 5, United States Code, the Secretary 

of Commerce may publish in the Federal Register a final regulation to implement any conservation measure for which the 


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Secretary of State notifies the Commission under section 

305(a)(1)— 

(A) that has been in effect for 12 months or less; 

(B) that is adopted by the Commission; and 

(C) with respect to which the Secretary of State does not 

notify Commission in accordance with section 305(a)(1) 

within the time period allotted for objections under Article 

IX of the Convention. 

(2) ENTERING INTO FORCE.—Upon publication of such regulation in the Federal Register, such conservation measure shall 

enter into force with respect to the United States. 

øSEC. 308. CIVIL PENALTIES. 

ø(a) ASSESSMENT OF PENALTIES.—(1) Any person who is found by 

the Secretary of Commerce, after notice and opportunity for a hearing in accordance with subsection (b), to have committed any act 

prohibited by section 306 shall be liable to the United States for 

a civil penalty. The amount of the civil penalty shall not exceed 

$5,000 for each violation unless the prohibited act was knowingly 

committed, in which case the amount of the civil penalty shall not 

exceed $10,000 for each violation. Each day of a continuing violation shall constitute a separate violation for purposes of this subsection. The amount of any civil penalty shall be assessed by the 

Secretary of Commerce by written notice. In determining the 

amount of such penalty, the Secretary of Commerce shall take into 

account the nature, circumstances, extent, and gravity of the prohibited acts committed, and, with respect to the person committing 

the violation, the degree of culpability, any history of prior offenses, 

ability to pay, and such other matters as justice may require, to the 

extent that such information is reasonably available to the Secretary. 

ø(2) The Secretary of Commerce may compromise, modify, or 

remit, with or without conditions, any civil penalty which is subject 

to imposition or which has been imposed under this section, until 

such time as the matter is referred to the Attorney General under 

subsection (c) of this section. 

ø(b) HEARINGS.—Hearings for the assessment of civil penalties 

under subsection (a) shall be conducted in accordance with section 

554 of title 5, United States Code. For the purposes of conducting 

any such hearing, the Secretary of Commerce may issue subpoenas 

for the attendance and testimony of witnesses and the production 

of relevant papers, books, and documents, and may administer 

oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. 

In case of contumacy or refusal to obey a subpoena served upon 

any person pursuant to this subsection, the district court of the 

United States for any district in which such person is found, resides, or transacts business, upon application by the Attorney General of the United States and after notice to such person, shall 

have jurisdiction to issue an order requiring such person to appear 

and give testimony before the Secretary of Commerce or to appear 

and produce documents before the Secretary of Commerce, or both, 

and any failure to obey such order of the court may be punished 

by such court as a contempt thereof. 

ø(c) REVIEW OF CIVIL PENALTY.—Any person against whom a 

civil penalty is assessed under subsection (a) of this section may 


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38 

obtain review thereof in the appropriate district court of the United 

States by filing a notice of appeal in such court within 30 days 

from the date of such order and by simultaneously sending a copy 

of such notice by certified mail to the Secretary of Commerce, the 

Attorney General, and the appropriate United States Attorney. The 

Secretary of Commerce shall promptly refer the matter to the Attorney General of the United States, who shall file in such court 

a certified copy of the record upon which the violation was found 

or such penalty imposed, as provided in section 2112 of title 28, 

United States Code. The court shall set aside the findings and 

order of the Secretary if the findings and order are found to be unsupported by substantial evidence, as provided in section 706(2)(E) 

of title 5, United States Code. 

ø(d) RECOVERY OF CIVIL PENALTIES.—The Attorney General of 

the United States may seek to recover in any appropriate district 

court of the United States (1) any civil penalty imposed under this 

section that has become a final and unappealable order and has 

been referred to the Attorney General by the Secretary of Commerce or (2) any final judgment rendered under this section in 

favor of the United States by an appropriate Court. 

ø(e) PENALTIES UNDER OTHER LAWS.—The assessment of a civil 

penalty under subsection (a) for any act shall not be deemed to preclude the assessment of a civil penalty for such act under any other 

law. 

øSEC. 309. CRIMINAL OFFENSES. 

ø(a) OFFENSES.—A person is guilty of an offense if that person 

commits any act prohibited by paragraph (4), (5), (6), or (7) of section 306. 

ø(b) PUNISHMENT.—Any offense described in subsection (a) is 

punishable by a fine of $50,000, or imprisonment for not more than 

ten years, or both. 

ø(c) OFFENSES UNDER OTHER LAWS.—A conviction under subsection (a) for any act shall not be deemed to preclude a conviction 

for such act under any other law.¿ 

SEC. 308. ADDITIONAL PROHIBITIONS AND ENFORCEMENT. 

For additional prohibitions relating to this Act and enforcement 

of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). 

* * * * * * * 

ATLANTIC TUNAS CONVENTION ACT OF 1975 

* * * * * * * 

ADMINISTRATION

SEC. 6. (a) * * * 

* * * * * * * 

(c)(1) * * * 

(2)(A) To promulgate regulations referred to in paragraph (1) of 

this subsection, the Secretary shall publish in the Federal Register 

a general notice of proposed rulemaking and shall afford interested 

persons an opportunity to participate in the rulemaking through 


asabaliauskas on DSK5VPTVN1PROD with REPORTS
39 

ø(A)¿ (i) submission of written data, views, or arguments, and 

ø(B)¿ (ii) oral presentation at a public hearing. Such regulations 

shall be published in the Federal Register and shall be accompanied by a statement of the considerations involved in the 

issuance of the regulations, and by a statement, based on inquiries 

and investigations, assessing the nature and effectiveness of the 

measures for the implementation of the Commission’s recommendations which are being or will be carried out by countries whose vessels engage in fishing the species subject to such recommendations 

within the waters to which the Convention applies. After publication in the Federal Register, such regulations shall be applicable to 

all vessels and persons subject to the jurisdiction of the United 

States on such date as the Secretary shall prescribe. The Secretary 

shall suspend at any time the application of any such regulation 

when, after consultation with the Secretary of State and the United 

States Commissioners, he determines that fishing operations in the 

Convention area of a contracting party for whom the regulations 

are effective are such as to constitute a serious threat to the 

achievement of the Commission’s recommendations. 

(B) Notwithstanding the requirements of subparagraph (A) and 

subsections (b) and (c) of section 553 of title 5, United States Code, 

the Secretary may issue final regulations to implement Commission 

recommendations referred to in paragraph (1) concerning trade restrictive measures against nations or fishing entities. 

* * * * * * * 

VIOLATIONS; FINES AND FORFEITURES; APPLICATION OF RELATED

LAWS

SEC. 7. (a) * * * 

* * * * * * * 

ø(e) The civil penalty and permit sanctions of section 308 of the 

Magnuson-Stevens Fishery Conservation and Management Act (16 

U.S.C. 1858) are hereby made applicable to violations of this section as if they were violations of section 307 of that Act. 

ø(f) All fish taken or retained in violation of subsection (a) of this 

section, or the monetary value thereof, may be forfeited.¿ 

ø(g)¿ (e) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs 

laws, the disposition of such cargo or the proceeds from the sale 

thereof, and the remission or mitigation of such forfeitures shall 

apply to seizures and forfeitures incurred, or alleged to have been 

incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions 

of this Act. 

ENFORCEMENT

SEC. 8. ø(a) Any person authorized in accordance with the provisions of this Act to enforce the provisions of this Act and the regulations issued thereunder may— 

ø(1) with or without a warrant, board any vessel subject to 

the jurisdiction of the United States and inspect such vessel 

and its catch and, if as a result of such inspection, he has reasonable cause to believe that such vessel or any person on 


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40 

board is engaging in operations in violation of this Act or any 

regulations issued thereunder, he may, with or without a warrant or other process, arrest such person; 

ø(2) arrest, with or without a warrant, any person who violates the provisions of this Act or any regulation issued thereunder in his presence or view; 

ø(3) execute any warrant or other process issued by an officer or court of competent jurisdiction; and 

ø(4) seize, whenever and wherever lawfully found, all fish 

taken or retained by a vessel subject to the jurisdiction of the 

United States in violation of the provisions of this Act or any 

regulations issued pursuant thereto. Any fish so seized may be 

disposed of pursuant to an order of a court of competent jurisdiction, or, if perishable, in a manner prescribed by regulation 

of the Secretary.¿ 

(a) For additional prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing 

Moratorium Protection Act (16 U.S.C. 1826g). 

(b) To the extent authorized under the convention or by agreements between the United States and any contracting party concluded pursuant to section 5(b) of this Act for international enforcement, the duly authorized officials of such party shall have the authority to carry out øthe enforcement activities specified in section 

8(a) of this Act¿ enforcement activities with respect to this Act that 

are otherwise authorized by law with respect to persons or vessels 

subject to the jurisdiction of the United States, and the officials of 

the United States authorized pursuant to this section shall have 

the authority to carry out øthe enforcement activities specified in 

section 8(a) of this Act¿ enforcement activities with respect to this 

Act that are otherwise authorized by law with respect to persons or 

vessels subject to the jurisdiction of such party, except that where 

any agreement provides for arrest or seizure of persons or vessels 

under United States jurisdiction it shall also provide that the person or vessel arrested or seized shall be promptly handed over to 

a United States enforcement officer or another authorized United 

States official. 

ø(c) Notwithstanding the provisions of section 2464 of title 28, 

United States Code, when a warrant of arrest or other process in 

rem is issued in any cause under this section, the marshal or other 

officer shall stay the execution of such process, or discharge any 

fish seized if the process has been levied, on receiving from the 

claimant of the fish a bond or stipulation for the value of the property with sufficient surety to be approved by a judge of the district 

court having jurisdiction of the offense, conditioned to deliver the 

fish seized, if condemned, without impairment in value or, in the 

discretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court in such cause. Such bond 

or stipulation shall be returned to the court and judgment thereon 

against both the principal and sureties may be recovered in event 

of any breach of the conditions thereof as determined by the court. 

In the discretion of the accused, and subject to the direction of the 

court, the fish may be sold for not less than its reasonable market 

value at the time of seizure and the proceeds of such sale placed 

in the registry of the court pending judgment in the case.¿ 

* * * * * * * 


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øANNUAL REPORT

øSEC. 11. Not later than April 1, 1996, and annually thereafter, 

the Secretary shall prepare and transmit to the Committee on Resources of the House of Representatives and the Committee on 

Commerce, Science, and Transportation of the Senate a report, 

that— 

ø(1) details for the previous 10-year period the catches and 

exports to the United States of highly migratory species (including tunas, swordfish, marlin and sharks) from Nations 

fishing on Atlantic stocks of such species that are subject to 

management by the Commission; 

ø(2) identifies those fishing Nations whose harvests are inconsistent with conservation and management recommendations of the Commission; 

ø(3) describes reporting requirements established by the Secretary to ensure that imported fish products are in compliance 

with all international management measures, including minimum size requirements, established by the Commission and 

other international fishery organizations to which the United 

States is a party; and 

ø(4) describes actions taken by the Secretary under section 

6.¿ 

SAVINGS CLAUSE

SEC. ø12.¿ 11. Nothing in this Act shall have the effect of diminishing the rights and obligations of any Nation under Article 

VIII(3) of the Convention. 

SEPARABILITY

SEC. ø13.¿ 12. If any provision of this Act or the applications of 

such provision to any circumstance or persons shall be held invalid, 

the validity of the remainder of the Act and the applicability of 

such provision to other circumstances or persons shall not be affected thereby. 

HIGH SEAS FISHING COMPLIANCE ACT OF 1995 

* * * * * * * 

TITLE I—HIGH SEAS FISHING COMPLIANCE 

* * * * * * * 

SEC. 104. PERMITTING. 

(a) * * * 

* * * * * * * 

ø(f) DURATION.—A permit issued under this section is valid for 

5 years. A permit issued under this section is void in the event the 

vessel is no longer eligible for United States documentation, such 

documentation is revoked or denied, or the vessel is deleted from 

such documentation.¿ 

(f) VALIDITY.—A permit issued under this section for a vessel is 

void if— 


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(1) any other permit or authorization required for the vessel 

to fish is expired, revoked, or suspended; or 

(2) the vessel is no longer documented under the laws of the 

United States or eligible for such documentation. 

* * * * * * * 

DOLPHIN PROTECTION CONSUMER INFORMATION ACT 

DOLPHIN PROTECTION

SEC. 901. (a) * * * 

* * * * * * * 

ø(e) ENFORCEMENT.—Any person who knowingly and willfully 

makes a statement or endorsement described in subsection 

(d)(2)(B) that is false is liable for a civil penalty of not to exceed 

$100,000 assessed in an action brought in any appropriate district 

court of the United States on behalf of the Secretary.¿ 

(e) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For additional prohibitions relating to this Act and enforcement of this Act, 

see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). 

NORTHERN PACIFIC HALIBUT ACT OF 1982 

* * * * * * * 

SEC. 7. It is unlawful— 

ø(a)¿ (1) for any person subject to the jurisdiction of the 

United States— 

ø(1)¿ (A) to violate any provision of the Convention, this 

Act or any regulation adopted under this Act; 

ø(2)¿ (B) to refuse to permit any enforcement officer to 

board a fishing vessel subject to such person’s control for 

purposes of conducting any search, investigation, or inspection in connection with the enforcement of the Convention, 

this Act or any regulation adopted under this Act; 

ø(3)¿ (C) to forcibly assault, resist, oppose, impede, intimidate or interfere with any enforcement officer in the 

conduct of any search, investigation, or inspection described in paragraph (2); 

ø(4)¿ (D) to resist a lawful arrest or detention for any 

act prohibited by this section; 

ø(5)¿ (E) to ship, transport, offer for sale, sell, purchase, 

import, export or have custody, control or possession of, 

any fish taken or retained in violation of the Convention, 

this Act, or any regulation adopted under this Act; øor¿ 

ø(6)¿ (F) to interfere with, delay or prevent, by any 

means, the apprehension, arrest or detention of another 

person, knowing that such person has committed any act 

prohibited by this øsection.¿ section; or 

ø(b)¿ (2) for any foreign fishing vessel, and for the owner or 

operator of any foreign fishing vessel, to engage in fishing for 

halibut in the fishery conservation zone, unless such fishing is 


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authorized by, and conducted in accordance with the Convention, this Act and regulations adopted under this Act. 

* * * * * * * 

NORTHWEST ATLANTIC FISHERIES CONVENTION ACT 

OF 1995 

* * * * * * * 

TITLE II—IMPLEMENTATION OF CONVENTION ON FUTURE 

MULTILATERAL COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES 

* * * * * * * 

SEC. 207. PROHIBITED ACTS øAND PENALTIES¿ AND ENFORCEMENT. 

(a) PROHIBITION.—It is unlawful for any person or vessel that is 

subject to the jurisdiction of the United States— 

(1) * * * 

(2) to refuse to permit any authorized enforcement officer to 

board a fishing vessel that is subject to the person’s control for 

purposes of conducting any search, investigation, or inspection 

in connection with the enforcement of this title, any regulation 

issued under this title, or any measure that is legally binding 

on the United States under the Convention; 

(3) forcibly to assault, resist, oppose, impede, intimidate, or 

interfere with any authorized enforcement officer in the conduct of any search, investigation, or inspection described in 

paragraph (2); 

* * * * * * * 

ø(b) CIVIL PENALTY.—Any person who commits any act that is 

unlawful under subsection (a) shall be liable to the United States 

for a civil penalty, or may be subject to a permit sanction, under 

section 308 of the Magnuson Act (16 U.S.C. 1858). 

ø(c) CRIMINAL PENALTY.—Any person who commits an act that is 

unlawful under paragraph (2), (3), (4), or (6) of subsection (a) shall 

be guilty of an offense punishable under section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)). 

ø(d) CIVIL FORFEITURES.— 

ø(1) IN GENERAL.—Any vessel (including its gear, furniture, 

appurtenances, stores, and cargo) used in the commission of an 

act that is unlawful under subsection (a), and any fish (or the 

fair market value thereof) taken or retained, in any manner, 

in connection with or as a result of the commission of any act 

that is unlawful under subsection (a), shall be subject to seizure and forfeiture as provided in section 310 of the Magnuson 

Act (16 U.S.C. 1860). 

ø(2) DISPOSAL OF FISH.—Any fish seized pursuant to this 

title may be disposed of pursuant to the order of a court of 

competent jurisdiction or, if perishable, in a manner prescribed 

by regulations issued by the Secretary. 

ø(e) ENFORCEMENT.—The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce the 

provisions of this title and shall have the authority specified in secVerDate Sep 11 2014 23:18 Jan 02, 2015 Jkt 049006 PO 00000 Frm 00043 Fmt 6659 Sfmt 6601 E:\HR\OC\HR685.XXX HR685

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tion 311 (a), (b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861 

(a), (b)(1), and (c)) for that purpose. 

ø(f) JURISDICTION OF COURTS.—The district courts of the United 

States shall have exclusive jurisdiction over any case or controversy arising under this section and may, at any time— 

ø(1) enter restraining orders or prohibitions; 

ø(2) issue warrants, process in rem, or other process; 

ø(3) prescribe and accept satisfactory bonds or other security; 

and 

ø(4) take such other actions as are in the interests of justice.¿ 

(b) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For additional prohibitions relating to this Act and enforcement of this Act, 

see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). 

* * * * * * * 

MAGNUSON-STEVENS FISHERY CONSERVATION AND 

MANAGEMENT ACT 

* * * * * * * 

TITLE III—NATIONAL FISHERY MANAGEMENT 

PROGRAM 

* * * * * * * 

SEC. 307. PROHIBITED ACTS. 

It is unlawful— 

(1) for any person— 

(A) * * * 

* * * * * * * 

(Q) to import, export, transport, sell, receive, acquire, or 

purchase in interstate or foreign commerce any fish taken, 

possessed, transported, or sold in violation of any foreign 

law or regulation or any treaty or in contravention of any 

binding conservation measure adopted by an international 

agreement or organization to which the United States is a 

party; or 

* * * * * * * 

TUNA CONVENTIONS ACT OF 1950 

* * * * * * * 

øSEC. 2. As used in this Act, the term— 

ø(a) ‘‘convention’’ includes (1) the Convention for the Establishment of an International Commission for the Scientific Investigation of Tuna, signed at Mexico City January 25, 1949, 

by the United States of America and the United Mexican 

States, (2) the Convention for the Establishment of an InterAmerican Tropical Tuna Commission, signed at Washington 

May 31, 1949, by the United States of America and the RepubVerDate Sep 11 2014 23:18 Jan 02, 2015 Jkt 049006 PO 00000 Frm 00044 Fmt 6659 Sfmt 6601 E:\HR\OC\HR685.XXX HR685

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lic of Costa Rica, or both such conventions, as the context requires; 

ø(b) ‘‘commission’’ includes (1) the International Commission 

for the Scientific Investigation of Tuna, (2) the Inter-American 

Tropical Tuna Commission provided for by the conventions referred to in subsection (a) of this section, or both such commissions, as the context requires; 

ø(c) ‘‘United States Commissioners’’ means the members of 

the commissions referred to in subsection (b) of this section 

representing the United States of America and appointed pursuant to the terms of the pertinent convention and section 3 

of this Act; 

ø(d) ‘‘person’’ means every individual, partnership, corporation, and association subject to the jurisdiction of the United 

States; and 

ø(e) ‘‘United States’’ shall include all areas under the sovereignty of the United States, the Trust Territory of the Pacific 

Islands, and the Canal Zone. 

øSEC. 3. The United States shall be represented on the two commissions by a total of not more than four United States Commissioners, who shall be appointed by the President, serve as such 

during his pleasure, and receive no compensation for their services 

as such Commissioners. Individuals serving as such Commissioners 

shall not be considered to be Federal employees while performing 

such service, except for purposes of injury compensation or tort 

claims liability as provided in chapter 81 of title 5, United States 

Code, and chapter 171 of title 28, United States Code. Of such 

Commissioners— 

ø(a) not more than one shall be a person residing elsewhere 

than in a State whose vessels maintain a substantial fishery 

in the areas of the conventions; 

ø(b) at least one of the Commissioners who are such legal 

residents shall be a person chosen from the public at large, and 

who is not a salaried employee of a State or of the Federal 

Government; 

ø(c) at least one shall be either the Administrator, or an appropriate officer, of the National Marine Fisheries Service; and 

ø(d) at least one shall be chosen from a nongovernmental 

conservation organization.¿ 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) ANTIGUA CONVENTION.—The term ‘‘Antigua Convention’’ 

means the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention Between the United States of America and the Republic 

of Costa Rica, signed at Washington, November 14, 2003. 

(2) COMMISSION.—The term ‘‘Commission’’ means the InterAmerican Tropical Tuna Commission provided for by the Convention. 

(3) CONVENTION.—The term ‘‘Convention’’ means— 

(A) the Convention for the Establishment of an InterAmerican Tropical Tuna Commission, signed at Washington, May 31, 1949, by the United States of America and 

the Republic of Costa Rica; 


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(B) the Antigua Convention, upon its entry into force for 

the United States, and any amendments thereto that are in 

force for the United States; or 

(C) both such Conventions, as the context requires. 

(4) PERSON.—The term ‘‘person’’ means an individual, partnership, corporation, or association subject to the jurisdiction of 

the United States. 

(5) UNITED STATES.—The term ‘‘United States’’ includes all 

areas under the sovereignty of the United States. 

(6) UNITED STATES COMMISSIONERS.—The term ‘‘United 

States commissioners’’ means the individuals appointed in accordance with section 3(a). 

SEC. 3. COMMISSIONERS. 

(a) COMMISSIONERS.—The United States shall be represented on 

the Commission by 4 United States Commissioners. The President 

shall appoint individuals to serve on the Commission at the pleasure of the President. In making the appointments, the President 

shall select United States Commissioners from among individuals 

who are knowledgeable or experienced concerning highly migratory 

fish stocks in the eastern tropical Pacific Ocean, one of whom shall 

be an officer or employee of the Department of Commerce. Not more 

than 2 United States Commissioners may be appointed who reside 

in a State other than a State whose vessels maintain a substantial 

fishery in the area of the Convention. 

(b) ALTERNATE COMMISSIONERS.—The Secretary of State, in consultation with the Secretary, may designate from time to time and 

for periods of time deemed appropriate Alternate United States 

Commissioners to the Commission. Any Alternate United States 

Commissioner may exercise, at any meeting of the Commission or 

of the General Advisory Committee or Scientific Advisory Subcommittee established pursuant to section 4(b), all powers and duties of a United States Commissioner in the absence of any United 

States Commissioner appointed pursuant to subsection (a) of this 

section for whatever reason. The number of such Alternate United 

States Commissioners that may be designated for any such meeting 

shall be limited to the number of United States Commissioners appointed pursuant to subsection (a) of this section who will not be 

present at such meeting. 

(c) ADMINISTRATIVE MATTERS.— (1) EMPLOYMENT STATUS.—Individuals serving as United 

States Commissioners, other than officers or employees of the 

United States Government, shall not be considered Federal employees except for the purposes of injury compensation or tort 

claims liability as provided in chapter 81 of title 5, United 

States Code, and chapter 171 of title 28, United States Code. 

(2) COMPENSATION.—The United States Commissioners or Alternate Commissioners, although officers of the United States 

while so serving, shall receive no compensation for their services 

as United States Commissioners or Alternate Commissioners. 

(3) TRAVEL EXPENSES.— 

(A) The Secretary of State shall pay the necessary travel 

expenses of United States Commissioners and Alternate 

United States Commissioners to meetings of the InterAmerican Tropical Tuna Commission and other meetings 

the Secretary of State deems necessary to fulfill their duVerDate Sep 11 2014 23:18 Jan 02, 2015 Jkt 049006 PO 00000 Frm 00046 Fmt 6659 Sfmt 6603 E:\HR\OC\HR685.XXX HR685

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ties, in accordance with the Federal Travel Regulations and 

sections 5701, 5702, 5704 through 5708, and 5731 of title 

5, United States Code. 

(B) The Secretary may reimburse the Secretary of State 

for amounts expended by the Secretary of State under this 

subsection. 

SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 

SUBCOMMITTEE. 

ø(a) APPOINTMENTS; PUBLIC PARTICIPATION; COMPENSATION.— The Secretary, in consultation with the United States Commissioners, shall— 

ø(1) appoint a General Advisory Committee which shall be 

composed of not less than 5 nor more than 15 persons with balanced representation from the various groups participating in 

the fisheries included under the conventions, and from nongovernmental conservation organizations; 

ø(2) appoint a Scientific Advisory Subcommittee which shall 

be composed of not less than 5 nor more than 15 qualified scientists with balanced representation from the public and private sectors, including nongovernmental conservation organizations; 

ø(3) establish procedures to provide for appropriate public 

participation and public meetings and to provide for the confidentiality of confidential business data; and 

ø(4) fix the terms of office of the members of the General Advisory Committee and Scientific Advisory Subcommittee, who 

shall receive no compensation for their services as such members. 

ø(b) FUNCTIONS.— ø(1) GENERAL ADVISORY COMMITTEE.—The General Advisory 

Committee shall be invited to have representatives attend all 

nonexecutive meetings of the United States sections and shall 

be given full opportunity to examine and to be heard on all 

proposed programs of investigations, reports, recommendations, and regulations of the Commission. The General Advisory Committee may attend all meetings of the international 

commissions to which they are invited by such commissions.¿ 

(a) GENERAL ADVISORY COMMITTEE.— 

(1) APPOINTMENTS; PUBLIC PARTICIPATION; COMPENSATION.— 

(A) The Secretary, in consultation with the Secretary of 

State, shall appoint a General Advisory Committee which 

shall consist of not more than 25 individuals who shall be 

representative of the various groups concerned with the 

fisheries covered by the Convention, including nongovernmental conservation organizations, providing to the maximum extent practicable an equitable balance among such 

groups. Members of the General Advisory Committee will 

be eligible to participate as members of the United States 

delegation to the Commission and its working groups to the 

extent the Commission rules and space for delegations 

allow. 

(B) The chair of the Pacific Fishery Management Council’s Advisory Subpanel for Highly Migratory Fisheries and 

the chair of the Western Pacific Fishery Management Council’s Advisory Committee shall be ex-officio members of the 


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General Advisory Committee by virtue of their positions in 

those Councils. 

(C) Each member of the General Advisory Committee appointed under subparagraph (A) shall serve for a term of 

3 years and is eligible for reappointment. 

(D) The General Advisory Committee shall be invited to 

attend all non-executive meetings of the United States delegation and at such meetings shall be given opportunity to 

examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the 

Commission. 

(E) The General Advisory Committee shall determine its 

organization, and prescribe its practices and procedures for 

carrying out its functions under this title, the MagnusonStevens Fishery Conservation and Management Act (16 

U.S.C. 1801 et seq.), and the Convention. The General Advisory Committee shall publish and make available to the 

public a statement of its organization, practices and procedures. Meetings of the General Advisory Committee, except 

when in executive session, shall be open to the public, and 

prior notice of meetings shall be made public in timely 

fashion. The General Advisory Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). 

(2) INFORMATION SHARING.—The Secretary and the Secretary 

of State shall furnish the General Advisory Committee with relevant information concerning fisheries and international fishery 

agreements. 

(3) ADMINISTRATIVE MATTERS.— (A) The Secretary shall provide to the General Advisory 

Committee in a timely manner such administrative and 

technical support services as are necessary for its effective 

functioning. 

(B) Individuals appointed to serve as a member of the 

General Advisory Committee— 

(i) shall serve without pay, but while away from 

their homes or regular places of business to attend 

meetings of the General Advisory Committee shall be 

allowed travel expenses, including per diem in lieu of 

subsistence, in the same manner as persons employed 

intermittently in the Government service are allowed 

expenses under section 5703 of title 5, United States 

Code; and 

(ii) shall not be considered Federal employees except 

for the purposes of injury compensation or tort claims 

liability as provided in chapter 81 of title 5, United 

States Code, and chapter 171 of title 28, United States 

Code. 

(b) SCIENTIFIC ADVISORY SUBCOMMITTEE.—(1) The Secretary, in 

consultation with the Secretary of State, shall appoint a Scientific 

Advisory Subcommittee of not less than 5 nor more than 15 qualified scientists with balanced representation from the public and private sectors, including nongovernmental conservation organizations. 

* * * * * * * 

(3) ATTENDANCE AT MEETINGS.—The Scientific Advisory Subcommittee shall be invited to have representatives attend all 


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nonexecutive meetings of the United States sections and the 

øGeneral Advisory Subcommittee¿ General Advisory Committee 

and shall be given full opportunity to examine and to be heard 

on all proposed programs of scientific investigation, scientific 

reports, and scientific recommendations of the commission. 

Representatives of the Scientific Advisory Subcommittee may 

attend meetings of the Inter-American Tropical Tuna Commission in accordance with the rules of such Commission. 

øSEC. 6. (a) The Secretary of State is authorized to approve or 

disapprove, on behalf of the United States Government, bylaws and 

rules, or amendments thereof, adopted by each commission and 

submitted for approval of the United States Government in accordance with the provisions of the conventions, and, with the concurrence of the Secretary of the Interior,, to approve or disapprove the 

general annual programs of the commissions. The Secretary of 

State is further authorized to receive, on behalf of the United 

States Government, reports, requests, recommendations, and other 

communications of the commissions, and to take appropriate action 

thereon either directly or by reference to the appropriate authority. 

ø(b) Regulations recommended by each commission pursuant to 

the convention requiring the submission to the commission of 

records of operations by boat captains or other persons who participate in the fisheries covered by the convention, upon the concurrent approval of the Secretary of State and the Secretary of the Interior,, shall be promulgated by the latter and upon publication in 

the Federal Register, shall be applicable to all vessels and persons 

subject to the jurisdiction of the United States. 

ø(c) Regulations required to carry out recommendations of the 

commission made pursuant to paragraph 5 of article II of the Convention for the Establishment of an Inter-American Tropical Tuna 

Commission shall be promulgated as hereinafter provided by the 

Secretary of the Interior upon approval of such recommendations 

by the Secretary of State and the Secretary of the Interior. The 

Secretary of the Interior shall cause to be published in the Federal 

Register a general notice of proposed rulemaking and shall afford 

interested persons an opportunity to participate in the rulemaking 

through (1) submission of written data, views, or arguments, and 

(2) oral presentation at a public hearing. Such regulations shall be 

published in the Federal Register and shall be accompanied by a 

statement of the considerations involved in the issuance of the regulations. After publication in the Federal Register such regulations 

shall be applicable to all vessels and persons subject to the jurisdiction of the United States on such date as the Secretary of the Interior shall prescribe, but in no event prior to an agreed date for the 

application by all countries whose vessels engage in fishing for species covered by the convention in the regulatory area on a meaningful scale, in terms of effect upon the success of the conservation 

program, of effective measures for the implementation of the commission’s recommendations applicable to all vessels and persons 

subject to their respective jurisdictions. The Secretary of the Interior shall suspend at any time the application of any such regulations when, after consultation with the Secretary of State and the 

United States Commissioners, he determines that foreign fishing 

operations in the regulatory area are such as to constitute a serious 

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ommendations. The regulations thus promulgated may include the 

selection for regulation of one or more of the species covered by the 

convention; the division of the convention waters into areas; the establishment of one or more open or closed seasons as to each area; 

the limitation of the size of the fish and quantity of the catch which 

may be taken from each area within any season during which fishing is allowed; the limitation or prohibition of the incidental catch 

of a regulated species which may be retained, taken, possessed, or 

landed by vessels or persons fishing for other species of fish; the 

requiring of such clearance certificates for vessels as may be necessary to carry out the purposes of the convention and this Act; 

and such other measures incidental thereto as the Secretary of the 

Interior may deem necessary to implement the recommendations of 

the commission: Provided, That upon the promulgation of any such 

regulations the Secretary of the Interior shall promulgate additional regulations, with the concurrence of the Secretary of State, 

which shall become effective simultaneously with the application of 

the regulations hereinbefore referred to (1) to prohibit the entry 

into the United States, from any country when the vessels of such 

country are being used in the conduct of fishing operations in the 

regulatory area in such manner or in such circumstances as would 

tend to diminish the effectiveness of the conservation recommendations of the commission, of fish in any form of those species which 

are subject to regulation pursuant to a recommendation of the commission and which were taken from the regulatory area; and (2) to 

prohibit entry into the United States, from any country, of fish in 

any form of those species which are subject to regulation pursuant 

to a recommendation of the commission and which were taken from 

the regulatory area by vessels other than those of such country in 

such manner or in such circumstances as would tend to diminish 

the effectiveness of the conservation recommendations of the commission. In the case of repeated and flagrant fishing operations in 

the regulatory area by the vessels of any country which seriously 

threaten the achievement of the objectives of the commission’s recommendations, the Secretary of the Interior, with the concurrence 

of the Secretary of State, may, in his discretion, also prohibit the 

entry from such country of such other species of tuna, in any form, 

as may be under investigation by the commission and which were 

taken in the regulatory area. The aforesaid prohibitions shall continue until the Secretary of the Interior is satisfied that the condition warranting the prohibition no longer exists, except that all fish 

in any form of the species under regulation which were previously 

prohibited from entry shall continue to be prohibited from entry.¿ 

SEC. 6. RULEMAKING. 

(a) REGULATIONS.—The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the Department in which the Coast Guard is operating, 

may promulgate such regulations as may be necessary to carry out 

the United States international obligations under the Convention 

and this Act, including recommendations and decisions adopted by 

the Commission. In cases where the Secretary has discretion in the 

implementation of one or more measures adopted by the Commission that would govern fisheries under the authority of a Regional 

Fishery Management Council, the Secretary may, to the extent practicable within the implementation schedule of the Convention and 


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any recommendations and decisions adopted by the Commission, 

promulgate such regulations as may be necessary to carry out the 

United States international obligations under the Convention and 

this Act, in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act (16 

U.S.C. 1801 et seq.). 

(b) JURISDICTION.—The Secretary may promulgate regulations as 

may be necessary to carry out the United States international obligations under the Convention and this Act, applicable to all vessels 

and persons subject to the jurisdiction of the United States, including United States flag vessels wherever they may be operating, on 

such date as the Secretary shall prescribe. 

* * * * * * * 

SEC. 8. (a) It shall be unlawful for any master or other person 

in charge of a fishing vessel of the United States to engage in fishing in violation of any regulation adopted pursuant to øsection 6(c) 

of this Act¿ section 6, or for any person knowingly to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation 

of such regulations. 

* * * * * * * 

(c) It shall be unlawful for any person to import, in violation of 

any regulation adopted pursuant to øsection 6(c) of this Act¿ section 6, from any country, any fish in any form of those species subject to regulation pursuant to a recommendation of the commission, 

or any tuna in any form not under regulation but under investigation by the commission, during the period such fish have been denied entry in accordance with the provisions of øsection 6(c) of this 

Act¿ section 6. In the case of any fish as described in this subsection offered for entry into the United States, the Secretary of the 

Interior shall require proof satisfactory to him that such fish is not 

ineligible for such entry under the terms of øsection 6(c) of this 

Act¿ section 6. 

* * * * * * * 

(i) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For prohibitions relating to this Act and enforcement of this Act, see section 606 

of the High Seas Driftnet Fishing Moratorium Protection Act (16 

U.S.C. 1826g). 

* * * * * * * 

øSEC. 10. (a) The judges of the United States district courts and 

United States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, 

issue such warrants or other process as may be required for enforcement of this Act and the regulations issued pursuant thereto. 

ø(b) Enforcement of the provisions of this Act and the regulations 

issued pursuant thereto shall be the joint responsibility of the 

United States Coast Guard, the United States Department of the 

Interior, and the United States Bureau of Customs. In addition, the 

Secretary of the Interior may designate officers and employees of 

the States of the United States, of the Commonwealth of Puerto 

Rico, and of American Samoa to carry out enforcement activities 

hereunder. When so designated, such officers and employees are 


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52 

authorized to function as Federal law enforcement agents for these 

purposes. 

ø(c) Any person authorized to carry out enforcement activities 

hereunder shall have the power to execute any warrant or process 

issued by any officer or court of competent jurisdiction for the enforcement of this Act. 

ø(d) Such person so authorized shall have the power— 

ø(1) with or without a warrant or other process, to arrest 

any persons subject to the jurisdiction of the United States at 

any place within the jurisdiction of the United States committing in his presence or view a violation of this Act or the regulations issued thereunder; 

ø(2) with or without a warrant or other process, to search 

any vessel subject to the jurisdiction of the United States, and, 

if as a result of such search he has reasonable cause to believe 

that such vessel or any person on board is engaging in operations in violation of the provisions of this Act or the regulations issued thereunder, then to arrest such person. 

ø(e) Such person so authorized may seize, whenever and wherever lawfully found, all fish taken or retained in violation of the 

provisions of this Act or the regulations issued pursuant thereto. 

Any fish so seized may be disposed of pursuant to the order of a 

court of competent jurisdiction, pursuant to the provisions of subsection (f) of this section or, if perishable, in a manner prescribed 

by regulations of the Secretary of the Interior. 

ø(f) Notwithstanding the provisions of section 2464 of title 28 of 

the United States Code, when a warrant of arrest or other process 

in rem is issued in any cause under this section, the marshal or 

other officer shall stay the execution of such process, or discharge 

any fish seized if the process has been levied, on receiving from the 

claimant of the fish a bond or stipulation for the value of the property with sufficient surety to be approved by a judge of the district 

court having jurisdiction of the offense, conditioned to deliver the 

fish seized, if condemned, without impairment in value or, in the 

discretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court in such cause. Such bond 

or stipulation shall be returned to the court and judgment thereon 

against both the principal and sureties may be recovered in event 

of any breach of the conditions thereof as determined by the court. 

In the discretion of the accused, and subject to the direction of the 

court, the fish may be sold for not less than its reasonable market 

value and the proceeds of such sale placed in the registry of the 

court pending judgment in the case.¿ 

SEC. 10. ENFORCEMENT. 

For enforcement of this Act, see section 606 of the High Seas 

Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). 

* * * * * * * 

SEC. 15. REDUCTION OF BYCATCH IN THE EASTERN TROPICAL PACIFIC OCEAN. 

The Secretary of State, in consultation with the Secretary of 

Commerce and acting through the United States Commissioners, 

shall seek, in cooperation with other nations whose øvessel¿ vessels 

fish for tuna in the eastern tropical Pacific Ocean, to establish 

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sels fishing for yellowfin tuna in the eastern tropical Pacific Ocean. 

The bycatch reduction program shall include measures— 

(1) * * * 

* * * * * * * 

EASTERN PACIFIC TUNA LICENSING ACT OF 1984 

øBe it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, That this Act may 

be cited as the ‘‘Eastern Pacific Tuna Licensing Act of 1984’’. 

øSEC. 2. DEFINITIONS. 

øAs used in this Act— 

ø(1) The term ‘‘Agreement’’ means the Eastern Pacific Ocean 

Tuna Fishing Agreement, signed in San Jose, Costa Rica, 

March 15, 1983. 

ø(2) The term ‘‘Agreement Area’’ means the area within a perimeter determined as follows: From the point on the mainland 

where the parallel of 40 degrees north latitude intersects the 

coast westward along the parallel of 40 degrees north latitude 

to 40 degrees north latitude by 125 degrees west longitude, 

thence southerly along the meridian of 125 degrees west longitude to 20 degrees north latitude by 125 degrees west longitude, thence easterly along the parallel of 20 degrees north 

latitude to 20 degrees north latitude by 120 degrees west longitude, thence southerly along the meridian of 120 degrees 

west longitude to 5 degrees north latitude by 120 degrees west 

longitude, thence easterly along the parallel of 5 degrees north 

latitude to 5 degrees north latitude by 110 degrees west longitude, thence southerly along the meridian of 110 degrees 

west longitude to 10 degrees south latitude by 110 degrees 

west longitude, thence easterly along the parallel of 10 degrees 

south latitude to 10 degrees south latitude by 90 degrees west 

longitude, thence southerly along the meridian of 90 degrees 

west longitude to 30 degrees south latitude by 90 degrees west 

longitude, thence easterly along the parallel of 30 degrees 

south latitude to the point on the mainland where the parallel 

intersects the coast; but the Agreement Area does not include 

the zones within twelve nautical miles of the baseline from 

which the breadth of territorial sea is measured and the zones 

within two hundred nautical miles of the baselines of Coastal 

States not signatories to the Agreement, measured from the 

same baseline. 

ø(3) The term ‘‘designated species of tuna’’ means yellowfin 

tuna, Thunnus albacares (Bonnaterre, 1788); bigeye tuna, 

Thunnus obesus (Lowe, 1839); albacore tuna, Thunnus 

alalunga (Bonnaterre, 1788); northern bluefin tuna, Thunnus 

thynnus (Linnaeus, 1758); southern bluefin tuna, Thunnus 

maccoyil (Castelnau, 1872); skipjack tuna, Katsuwonus pelamis 

(Linnaeus 1578); black skipjack, Euthynnus Lineatus 

(Kishinouye 1920); kawakawa, Euthynnus affinis (Cantor, 

1849); bullet tuna, Auxis rochei (Risso, 1810), frigate tuna, 

Ausix thazard (Lacepede, 1800); eastern Pacific bonito, Sarda 

chiliensis (Cuvier in Cuvier and Valenciennes, 1831); and IndoPacific bonito, Sarda orientalis (Temminck and Schlegel, 1844). 


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54 

ø(4) The term ‘‘Council’’ means the body consisting of the 

representatives from each Contracting Party to the Agreement 

which is a Coastal State of the eastern Pacific Ocean or a 

member of the Inter-American Tropical Tuna Commission at 

the time of entry into force of the Agreement. 

øSEC. 3. UNITED STATES REPRESENTATION ON THE COUNCIL. 

ø(a) The Secretary of State— 

ø(1) shall appoint a United States representative to the 

Council; and 

ø(2) may appoint not more than three alternate United 

States representatives to the Council. 

ø(b) An individual is not eligible for appointment as, or to serve 

as, the United States representative under subsection (a)(1) unless 

the individual is an officer or employee of the United States Government. 

ø(c) An individual is not entitled to compensation for serving as 

the United States representative or an alternate United States representative. 

ø(d) While away from home or a regular place of business in the 

performance of service as the United States representative or an 

alternate United States representative, an individual is entitled to 

travel expenses, including per diem in lieu of subsistence, in the 

same manner as individuals employed intermittently in Government service are allowed expenses under section 5703(b) of title 5 

of the United States Code. 

øSEC. 4. SECRETARY OF STATE TO ACT FOR THE UNITED STATES. 

øThe Secretary of State shall receive, on behalf of the United 

States Government, reports, requests, recommendations and other 

communications of the Council, and, in consultation with the Secretary of Commerce, shall act directly thereon or by reference to 

the appropriate authorities. 

øSEC. 5. APPLICATION TO OTHER LAWS. 

ø(a) Notwithstanding section 4 of the Fishermen’s Protective Act 

of 1967 (22 U.S.C. 1874), such Act applies with respect to a seizure 

by a Contracting Party to the Agreement of a vessel of the United 

States within the Agreement Area for violation of the Agreement 

if the Secretary of State determines that the violation is not of such 

seriousness as to diminish the effectiveness of the Agreement. 

ø(b) The seizure by a Contracting Party to the Agreement of a 

vessel of the United States shall not be considered to be a seizure 

described in section 205(a)(4)(C) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1825(a)(4)(C)) if the seizure is consistent with the Agreement. 

øSEC. 6. DISPOSITION OF FEES. 

øAll fees accruing to the United States under Article III of the 

Agreement shall be deposited into the Treasury of the United 

States. 

øSEC. 7. REGULATIONS. 

øThe Secretary of Commerce, in cooperation with the Secretary 

of State and the Secretary of the department in which the Coast 

Guard is operating, shall issue such regulations as may be necessary to carry out the purposes and objectives of the Agreement 

and this Act. Regulations may be made applicable as necessary to 


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55 

all persons and vessels subject to the jurisdiction of the United 

States, wherever located. Regulations concerning the conservation 

of a designated species of tuna may be issued only to implement 

conservation recommendations made by the Council under Article 

3(D) of the Agreement. 

øSEC. 8. PROHIBITED ACTS. 

ø(a) It is unlawful for any person subject to the jurisdiction of the 

United States— 

ø(1) to engage in fishing for a designated species of tuna 

within the Agreement Area unless issued a license under the 

Agreement authorizing such fishing; 

ø(2) to engage in fishing for a designated species of tuna 

within the Agreement area in contravention of regulations promulgated by the Secretary of Commerce under the Agreement; 

ø(3) knowingly to ship, transport, purchase, sell, offer for 

sale, export, or have in custody, possession, or control any designated species of tuna taken or retained in violation of regulations issued under section 7; 

ø(4) to fail to make, keep, or furnish any catch return, statistical record, or other report required by regulations issued 

under section 7; 

ø(5) being a person in charge of a vessel of the United 

States, to fail to stop upon being hailed by an authorized official of the United States, or to refuse to permit officials of the 

United States to board the vessel or inspect its catch, equipment, books, documents, records, or other articles, or to question individuals on board; or 

ø(6) to import from any country, in violation of any regulation issued under section 7, any designated species of tuna. 

ø(b) Any person who is convicted of violating— 

ø(1) subsection (a)(1), (a)(2), or (a)(3) shall be fined or assessed a civil penalty not more than $25,000, and for a subsequent violation shall be fined or assessed a civil penalty not 

more than $50,000; 

ø(2) subsection (a)(4) or (a)(5) shall be fined or assessed a 

civil penalty not more than $5,000, and for a subsequent violation shall be fined or assessed a civil penalty not more than 

$5,000; or 

ø(3) subsection (a)(6) shall be fined or assessed a civil pen- alty not more than $100,000. 

ø(c) All designated species of tuna taken or retained in violation 

of subsection (a) (1), (2), (3), or (6), or the monetary value thereof, 

is subject to forfeiture. 

ø(d) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs 

laws, the disposition of such cargo or the proceeds from the sale 

thereof, and the remission or mitigation of such forfeitures shall 

apply to seizures and forfeitures incurred, or alleged to have been 

incurred, under this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act. 

øSEC. 9. ENFORCEMENT. 

ø(a) The judges of the United States district courts and United 

States magistrates may, within their respective jurisdictions, upon 

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rants or other process as may be required for enforcement of this 

Act and the regulations issued under section 7. 

ø(b) The enforcement of this Act and the regulations issued 

under section 7 shall be the joint responsibility of the department 

in which the Coast Guard is operating, the Department of Commerce, and the United States Customs Service. In addition, the 

Secretary of Commerce may designate officers and employees of the 

States of the United States, of the Commonwealth of Puerto Rico, 

and of American Samoa to carry out enforcement activities under 

this section. When so designated, such officers and employees may 

function as Federal law enforcement agents for these purposes. 

ø(c) An individual authorized to carry out enforcement activities 

under this section has power to execute any warrant or process 

issued by any officer or court of competent jurisdiction for the enforcement of this Act. 

ø(d) An individual so authorized to carry out enforcement activities under this section has power— 

ø(1) with or without a warrant or other process, to arrest 

any person subject to the jurisdiction of the United States at 

any place within the jurisdiction of the United States committing in his presence or view a violation of this Act or the regulations issued under section 7; 

ø(2) with or without a warrant or other process, to search 

any vessel subject to the jurisdiction of the United States, and, 

if, as a result of the search he has reasonable cause to believe 

that such vessel or any individual on board is engaging in operations in violation of this Act or any regulation issued thereunder to arrest such person. 

ø(e) An individual authorized to enforce this Act may seize, 

whenever or wherever lawfully found, all species of designated 

tuna taken or retained in violation of this Act or the regulations 

issued under section 7. Any species to seized may be disposed of 

pursuant to the order of a court of competent jurisdiction, under 

subsection (f) of this section or, if perishable, in a manner prescribed by regulations of the Secretary of Commerce. 

ø(f) Notwithstanding the provisions of section 2464 of title 28, 

United States Code, when a warrant of arrest or other process in 

rem is issued in any cause under this section, the marshal or other 

officer shall stay the execution of such process, or discharge any 

species of designated tuna seized if the process has been levied, on 

receiving from the claimant of the species a bond or stipulation for 

the value of the property with sufficient surety to be approved by 

a judge of the district court having jurisdiction of the offense, conditioned to deliver the species seized, if condemned, without impairment in value or, in the discretion of the court, to pay its equivalent value in money or otherwise to answer the decree of the court 

in such cause. Such bond or stipulation shall be returned to the 

court and judgment thereon against both the principal and sureties 

may be recovered in event of any breach of the conditions thereof 

as determined by the court. In the discretion of the accused, and 

subject to the direction of the court, the species may be sold for not 

less than its reasonable market value and the proceeds of such sale 

placed in the registry of the court pending judgment in the case. 


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øSEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

øThere are authorized to be appropriated for fiscal years after 

fiscal year 1984 such sums as may be necessary to carry out this 

Act.¿ 

Æ 


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